The Definitive Treaty of Peace, done at Paris, September 3, 1783.

The Definitive Treaty of Peace, done at Paris, September 3, 1783.

In the name of the most holy and undivided Trinity.

It having pleased the Divine Providence to dispose the hearts of the most serene and most potent Prince George the Third, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith, duke of Brunswick and Lunebourg, arch-treasurer and prince elector of the Holy Roman Empire etc., and of the United States of America, to forget all past misunderstandings and differences that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore, and to establish such a beneficial and satisfactory intercourse , between the two countries upon the ground of reciprocal advantages and mutual convenience as may promote and secure to both perpetual peace and harmony; and having for this desirable end already laid the foundation of peace and reconciliation by the Provisional Articles signed at Paris on the 30th of November 1782, by the commissioners empowered on each part, which articles were agreed to be inserted in and constitute the Treaty of Peace proposed to be concluded between the Crown of Great Britain and the said United States, but which treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and France and his Britannic Majesty should be ready to conclude such treaty accordingly; and the treaty between Great Britain and France having since been concluded, his Britannic Majesty and the United States of America, in order to carry into full effect the Provisional Articles above mentioned, according to the tenor thereof, have constituted and appointed, that is to say his Britannic Majesty on his part, David Hartley, Esqr., member of the Parliament of Great Britain, and the said United States on their part, John Adams, Esqr., late a commissioner of the United States of America at the court of Versailles, late delegate in Congress from the state of Massachusetts, and chief justice of the said state, and minister plenipotentiary of the said United States to their high mightinesses the States General of the United Netherlands; Benjamin Franklin, Esqr., late delegate in Congress from the state of Pennsylvania, president of the convention of the said state, and minister plenipotentiary from the United States of America at the court of Versailles; John Jay, Esqr., late president of Congress and chief justice of the state of New York, and minister plenipotentiary from the said United States at the court of Madrid; to be plenipotentiaries for the concluding and signing the present definitive treaty; who after having reciprocally communicated their respective full powers have agreed upon and confirmed the following articles.

Article 1:

His Brittanic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and independent states, that he treats with them as such, and for himself, his heirs, and successors, relinquishes all claims to the government, propriety, and territorial rights of the same and every part thereof.

Article 2:

And that all disputes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, viz.; from the northwest angle of Nova Scotia, viz., that nagle which is formed by a line drawn due north from the source of St. Croix River to the highlands; along the said highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean, to the northwesternmost head of Connecticut River; thence down along the middle of that river to the forty-fifth degree of north latitude; from thence by a line due west on said latitude until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into Lake Ontario; through the middle of said lake until it strikes the communication by water between that lake and Lake Erie; thence along the middle of said communication into Lake Erie, through the middle of said lake until it arrives at the water communication between that lake and Lake Huron; thence along the middle of said water communication into Lake Huron, thence through the middle of said lake to the water communication between that lake and Lake Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux to the Long Lake; thence through the middle of said Long Lake and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most northwesternmost point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude, South, by a line to be drawn due east from the determination of the line last mentioned in the latitude of thirty-one degrees of the equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River, thence straight to the head of Saint Mary’s River; and thence down along the middle of Saint Mary’s River to the Atlantic Ocean; east, by a line to be drawn along the middle of the river Saint Croix, from its mouth in the Bay of Fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic Ocean from those which fall into the river Saint Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part and East Florida on the other shall, respectively, touch the Bay of Fundy and the Atlantic Ocean, excepting such islands as now are or heretofore have been within the limits of the said province of Nova Scotia.

Article 3:

It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank and on all the other banks of Newfoundland, also in the Gulf of Saint Lawrence and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the same on that island) and also on the coasts, bays and creeks of all other of his Brittanic Majesty’s dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbors, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled, but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground.

Article 4:

It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted.

Article 5:

It is agreed that Congress shall earnestly recommend it to the legislatures of the respective states to provide for the restitution of all estates, rights, and properties, which have been confiscated belonging to real British subjects; and also of the estates, rights, and properties of persons resident in districts in the possession on his Majesty’s arms and who have not borne arms against the said United States. And that persons of any other decription shall have free liberty to go to any part or parts of any of the thirteen United States and therein to remain twelve months unmolested in their endeavors to obtain the restitution of such of their estates, rights, and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent not only with justice and equity but with that spirit of conciliation which on the return of the blessings of peace should universally prevail. And that Congress shall also earnestly recommend to the several states that the estates, rights, and properties, of such last mentioned persons shall be restored to them, they refunding to any persons who may be now in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, or properties since the confiscation.

And it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

Article 6:

That there shall be no future confiscations made nor any prosecutions commenced against any person or persons for, or by reason of, the part which he or they may have taken in the present war, and that no person shall on that account suffer any future loss or damage, either in his person, liberty, or property; and that those who may be in confinement on such charges at the time of the ratification of the treaty in America shall be immediately set at liberty, and the prosecutions so commenced be discontinued.

Article 7:

There shall be a firm and perpetual peace between his Brittanic Majesty and the said states, and between the subjects of the one and the citizens of the other, wherefore all hostilities both by sea and land shall from henceforth cease. All prisoners on both sides shall be set at liberty, and his Brittanic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any Negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every post, place, and harbor within the same; leaving in all fortifications, the American artilery that may be therein; and shall also order and cause all archives, records, deeds, and papers belonging to any of the said states, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper states and persons to whom they belong.

Article 8:

The navigation of the river Mississippi, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain and the citizens of the United States.

Article 9:

In case it should so happen that any place or territory belonging to Great Britain or to the United States should have been conquered by the arms of either from the other before the arrival of the said Provisional Articles in America, it is agreed that the same shall be restored without difficulty and without requiring any compensation.

Article 10:

The solemn ratifications of the present treaty expedited in good and due form shall be exchanged between the contracting parties in the space of six months or sooner, if possible, to be computed from the day of the signatures of the present treaty. In witness whereof we the undersigned, their ministers plenipotentiary, have in their name and in virtue of our full powers, signed with our hands the present definitive treaty and caused the seals of our arms to be affixed thereto.

Done at Paris, this third day of September in the year of our Lord, one thousand seven hundred and eighty-three.

  1. HARTLEY (SEAL)
    JOHN ADAMS (SEAL)
    B. FRANKLIN (SEAL)
    JOHN JAY (SEAL)

 

French Declaration on the Rights of Man, Declaration of the Rights of Man and of the Citizen (August 26, 1789).

French Declaration on the Rights of Man, Declaration of the Rights of Man and of the Citizen (August 26, 1789).

 

Approved by the National Assembly of France, August 26, 1789

The representatives of the French people, organized as a National Assembly, believing that the ignorance, neglect, or contempt of the rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn declaration the natural, unalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the Social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more respected, and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the presence and under the auspices of the Supreme Being, the following rights of man and of the citizen:

Articles:

  1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.
  2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression.
  3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation.
  4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law.
  5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law.
  6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents.
  7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested in virtue of the law shall submit without delay, as resistance constitutes an offense.
  8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.
  9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner’s person shall be severely repressed by law.
  10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the public order established by law.
  11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.
  12. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the good of all and not for the personal advantage of those to whom they shall be intrusted.
  13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be equitably distributed among all the citizens in proportion to their means.
  14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of the taxes.
  15. Society has the right to require of every public agent an account of his administration.
  16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.
  17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined, shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified.

English Bill of Rights, 1689

English Bill of Rights, 1689, An Act Declaring the Rights and Liberties of the Subject, and Settling the Succession of the Crown (Bill of Rights), 1689, 1 W. & M., c. 2 (Eng.).

An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown

Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:

  • Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;
  • By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament; By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;
  • By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;
  • By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;
  • By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;
  • By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;
  • By violating the freedom of election of members to serve in Parliament;
  • By prosecutions in the Court of King’s Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;
  • And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;
  • And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;
  • And excessive fines have been imposed;
  • And illegal and cruel punishments inflicted;
  • And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;
  • All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;

And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;

And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare:

  • That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
  • That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;
  • That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
  • That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;
  • That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;
  • That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;
  • That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;
  • That election of members of Parliament ought to be free;
  • That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
  • That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
  • That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;
  • That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;
  • And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.

And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein.

Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights which they have here asserted, and from all other attempts upon their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and princess during their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly.

And that the oaths hereafter mentioned be taken by all persons of whom the oaths have allegiance and supremacy might be required by law, instead of them; and that the said oaths of allegiance and supremacy be abrogated.

“I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to their Majesties King William and Queen Mary. So help me God.”

“I, A.B., do swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position, that princes excommunicated or deprived by the Pope or any authority of the see of Rome may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God.”

Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration.

And thereupon their Majesties were pleased that the said Lords Spiritual and Temporal and Commons, being the two Houses of Parliament, should continue to sit, and with their Majesties’ royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal and Commons did agree, and proceed to act accordingly.

Now in pursuance of the premises the said Lords Spiritual and Temporal and Commons in Parliament assembled, for the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of law made in due form by authority of Parliament, do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the true, ancient and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed and taken to be; and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said declaration, and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all time to come.

And the said Lords Spiritual and Temporal and Commons, seriously considering how it hath pleased Almighty God in his marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties’ royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the sincerity of their hearts think, and do hereby recognize, acknowledge and declare, that King James the Second having abdicated the government, and their Majesties having accepted the crown and royal dignity as aforesaid, their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland and the dominions thereunto belonging, in and to whose princely persons the royal state, crown and dignity of the said realms with all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully, rightfully and entirely invested and incorporated, united and annexed. And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown, and for preserving a certainty in the succession thereof, in and upon which the unity, peace, tranquility and safety of this nation doth under God wholly consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them, and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever, and do faithfully promise that they will stand to, maintain and defend their said Majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt anything to the contrary.

And whereas it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray that it may be enacted, that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be excluded and be for ever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead; and that every king and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her coming to the crown, sitting in his or her throne in the House of Peers in the presence of the Lords and Commons therein assembled, or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her taking the said oath (which shall first happen), make, subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second entitled, An Act for the more effectual preserving the king’s person and government by disabling papists from sitting in either House of Parliament. But if it shall happen that such king or queen upon his or her succession to the crown of this realm shall be under the age of twelve years, then every such king or queen shall make, subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such king or queen shall have attained the said age of twelve years.

All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament, and shall stand, remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the authority of the same, declared, enacted and established accordingly.

  1. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament no dispensation by non obstante of or to any statute or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament.

III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine [old style date] shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.

 

 

 Universal Declaration of Human Rights

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article I

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and the security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

 

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

  1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier

 

 

 

penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

  1. Everyone has the right to freedom of movement and residence within the borders of each State.
  2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

  1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
  2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

  1. Everyone has the right to a nationality.
  2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16

  1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
  2. Marriage shall be entered into only with the free and full consent of the intending spouses.
  3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

  1. Everyone has the right to own property alone as well as in association with others.
  2. No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

  1. Everyone has the right to freedom of peaceful assembly and association.
  2. No one may be compelled to belong to an association.

Article 21

  1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
  2. Everyone has the right to equal access to public service in his country.
  3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

  1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
  2. Everyone, without any discrimination, has the right to equal pay for equal work.
  3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
  4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

  1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
  2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

  1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
  2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
  3. Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

  1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

 

  1. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29

  1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
  2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
  3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

 

Full text of Kathua Gang Rape Case Chargesheet

Here is full text of Kathua Gangrape case Chargesheet as taken from Firstpost with thanks:

Brief facts of the case are that on 12.01.2018 one Mohd. Yousuf S/o Sahib Din (caste-Bakarwal) R/O Rasana, Tehsil Hiranagar, District Kathua lodged a complaint in P/S Hiranagar to the effect that his daughter namely Miss Asifa, Aged 8 years, had gone for grazing horses in the nearby forest at about 1230 hrs and she was seen with the horses at about 1400 hrs on 10.01.2018. On the same day horses returned back in the dhera at about 1600 hrs but Asifa did not return back. On this the complainant along with others started search in the forest area but Asifa could not be traced out. He further alleged that he had a suspicion that some miscreants might have kidnapped his daughter. On this report case FIR No 10/2018 U/S 363 RPC was registered in PS Hiranagar and investigation was taken up.

In the course of investigation the investigating officer made efforts to trace out the missing girl with the help of VDC members and respectable of the area but did not get any clue about the victim. Subsequently, on 17.01.2018 dead body of Asifa was recovered on the basis of information provided by one Jagdish Raj S/o Desu R/o Dugaan Bani who had been same while in search of his missing horses in the nearby forest. The body of the deceased was taken into custody for conducting autopsy. The postmortem of the deceased was conducted by a team of doctors at District Hospital Kathua on the same day at 1430 hrs. During investigation conducted by P/S Hiranagar one individual namely Shubam Sangra S/O Om Prakash R/O Hiranagar, Ward No. 10, A/P Rasana, residing with his maternal uncle Sanji Ram in village Rasana, was taken to police station Hiranagar for questioning. During questioning he divulged that his father is working as a peon in Hr. Sec. School Chagral and his mother is a housewife.

He further divulged that he used to take alcohol, cigarettes, gutka and other intoxicants and had been expelled from Modern Public School Sikdi Hiranagar, because of his unruly behavior with girls of his school. Fed up with his conduct the family shifted him to the house of his maternal uncle, some three months back, where he used to take care of their cattle by getting leaves, etc from the nearby forests. In the forests he had met a girl of Bakarwal community 7/8 times and most of the times she used to enquire about the whereabouts of her horses which she usually would take to the forest for grazing. On 10-01-2018, the same Bakarwal girl met him in the forest area near a Bahari Balish tree and he asked her to accompany him on the assurance that he would help her in tracing out her missing horses. Around 1830 hrs he took her to a shed of his maternal uncle meant for keeping the cattle where he gagged her with a handkerchief and also tied her hands with a rope which was already lying in the shed.

He further divulged that he took out the drawstring (Nara) from her trouser and tied up her legs with the same. Thereafter, he locked the door of the shed and proceeded to his home. After an hour he took some meals for her secretly and on reaching the shed un-gagged her and made her to eat the food that he had brought for her. Next he again gagged her with the same handkerchief, locked the shed again and went home. He continued doing the same till 16-01-2018. On 16-01-2018 at about 6:30 PM he reached the shed in question and untied the girl. Thereafter, he knotted her trouser with a rope and told her that he will drop her home. He took her through the same route, wherefrom, he had brought her to the shed and on way he unknotted her trouser and attempted to rape her. The said girl reacted by saying that she will narrate the whole incident to her family members. Apprehending that Bakarwals residing in the area will kill him he strangulated her with a chunni that was worn by her. Blood mixed spitting oozed from her mouth and thereafter he took her in his lap to another place and threw her on the ground where he hit her head twice with a stone.

Representational image. AFP  Full text of Kathua Gang Rape Case Chargesheet Jammu and Kashmir police 380 AFP1

REPRESENTATIONAL IMAGE. AFP

Subsequently he waited for about 10 minutes and then left for home. On the next day he took the drawstring of her trouser and the handkerchief to the cowshed and burnt them. As per the investigations conducted by P/S Hiranagar, JCL further revealed that he used to take the victim to nearby fields for attending nature’s call, discreetly, in late hours and used to wash her private parts with his hands using water from the hand pump. He also stated that he used to give her toffees of the Milky Way brand. He further divulged that during the captivity of said girl he did not make any attempt to rape her. Accordingly said JCL S/o Om Prakash Sangra R/o Ward No.10 Hiranagar was arrested in the above said case on 19.01.2018 by the Police Station Hiranagar. On the basis of the confessional statement of the accused a stone, weighing around 1 kg, used by him to hit the deceased girl was recovered and seized. He was subsequently produced before the Ld. Chief Judicial Magistrate Kathua who ordered him to be sent to juvenile home.

Subsequently, in pursuance to PHQ Order No 374 of 2018 Dated 22-01-2018, the investigation of above referred case was transferred to Crime Branch and Crime Headquarters J&K vide Order issued under endorsement No CHQ/FIR/10/18-Hiranagar1083-92 Dated 23-01-2018, constituted a team of officers/officials headed by Shri Naveed Peerzada, ASP Crime Branch, Kashmir for carrying out further investigation of the case. However, the case dairy file was formally handed over to Crime Branch Jammu by Shri Adil Hamid Ganai, ASP Samba, Incharge of earlier SIT constituted by IGP Jammu Zone on 27-10-2018 at 19.00 hrs in person at Crime Branch, Jammu.

In the course of investigation conducted by the Crime Branch the Ld. CJM was requested to handover the custody of Shubam Sangra for questioning. The examination of the juvenile was carried out in the presence of a social worker and his father. On the basis of the inputs provided by the Juvenile and other accused who were arrested and questioned in custody and the evidence collected in the course of investigation it transpired that somewhere in the first week of January, accused Sanji Ram decided to put a plan to dislodge the Bakarwal Community from Rasana area, which had been brewing in his mind for quite some time, into operation and in pursuance to that he made accused Deepak Khajuria, an SPO in Police Department and JCL as part of conspiracy and assigned them tasks separately and individually.

In furtherance of said conspiracy accused Deepak along with his friend Vikram went to Bitu Medical shop at Kottah Morh on 07th of January 2018 evening and purchased one strip of Epitril 0.5 mg containing 10 tablets by showing the prescription of his (Mamu) maternal uncle namely Kamal who had a psychiatric problem and is under treatment with Dr. Mukul at Kathua. Although the medicine as per the prescription was not available with Bitu he gave him Epitril 0.05 mg instead of the medicine written on the prescription.On4th January, 2018 accused Sanji Ram Maternal uncle of JCL provoked and induced said JCL to take revenge from the Bakarwals who had earlier beaten him.

On 7th of January, 2018 Sanji Ram told JCL to kidnap the Bakarwal girl namely Asifa D/o Yousaf Bakarwal who often comes to the forests behind the house of accused Sanji Ram for grazing her horses. Investigation further revealed that on 8th of January, 2018 while JCL was busy working in the field another accused namely Deepak Khajuria called him near tube well and offered him cigarettes. Said Deepak lured him to kidnap Yousuf’s daughter on the assurance that he would help him in passing the board exams (through cheating). Subsequently, JCL shared the entire plan worked out by Sanji Ram and Deepak Khajuria with Parvesh Kumar @Mannu, his close friend and asked for his help and assistance in executing the plan on ground. The investigation further revealed that accused Sanji Ram had directed the JCL to execute the plan of kidnapping and to give some intoxicant to the girl and thereafter confine her at Devisthan in the first instance. On 9th of January, 2018, JCL along with another accused Parvesh Kumar @Mannu went to Hiranagar and purchased 04 Manars from Rampal’s shop, situated near auto stand Hiranagar, out of which one was consumed by him and kept other 3 in his pocket and returned back to Rasana.

On 10th January, 2018 thes aid JCL heard the voice of the girl who was enquiring from one Veena Devi about her horses when he was on the roof of his Mamu (accused Sanji Ram’s) house. He immediately rushed down stairs, took 03 Manars and keys of Devisthan and told Asifa that he had seen her horses. He led her to jungle and also called accused Mannu who was already waiting for his signal. Sensing some trouble the victim tried to flee away.The JDstopped her by catching hold of her neck and covered her mouth with one of his hands and pushed her and she fell on the ground.Accused Mannu held her legs and the JCLadministered Manars’ one by one forcibly to the victim. The victim fell unconscious and was rapedby JCL. Thereafter, Mannu also attempted to rape her but could notdo it. Later on,they took the girl and kept her inside Devisthan under the table over two Chatayees(plastic Mats) and then covered her with two Darees (cotton thread Mats).

Thereafter, both JCL and accused Mannu left Devisthanafter locking it.On the next day, parents of Asifa reached Devisthan and enquired from accused Sanji Ram about the whereabouts of her missing daughter and in reply the accused Sanji Ram told her that she will be back as she might have gone to some relative’s house.At 12:00 noon the accused Deepak Khajuria @Deepu came near the house of accused Sanji Ram and signaled JCL, who took keys of Devisthan and both of them left for Devisthan as per the plan. Both of them reached Devisthan, opened the lock and accused Deepak Khajuria @ Deepu directed JCLto fetch water from a tap outside Devisthan.

Thereafter,accused Deepak Khajuria @ Deepu took out a strip of sedatives containing ten (10) tablets. While the JCLlifted the head of the girl the accused Deepak Khajuria @ Deepu opened her mouth, put two tablets out of the strip in her mouth and made her to drink water and rubbed her throat with his fingers. Then accused Deepak Khajuria @ Deepu left from Devisthan and the JCL locked the door and hid the strip under a heapof dry grass,nearby. In the evening at about 5.00 p.m. theJCLwent to Devisthan for lighting Jyotand checked the girl againand found her unconscious.Thereafter, on 11th JanuaryJCLinformed another accused Vishal Jangotra @ Shamma about the kidnapping of the girl telephonically and asked him to return from Meerat in case he wanted to satisfy his lust.

On 12th of January,2018 accused Vishal Jangotra @ Shamma reached Rasana from Meerut at 06:00 a.m. JCLnarrated full details to Vishal about kidnapping and confinement of the girl inDevisthan. At about 8:30 a.m. the JCLagain went to Devisthan and administered 3 sedative tablets to the girl while she was unconscious with empty stomach.On the same day the Police party alongwith Bakarwals started search of the missing girl and accused Deepak Khajuria @ Deepu came to the house of accused Sanji Ramwith another police official namely Iftikar Wani. The accused Deepak Khajuria @ Deepuasked for water and at the same time advised the juvenile to ensure administering of sedatives to the victim in time. During investigation it transpired that accused Sanji Ram had already taken the accused police officials into confidence and settled the deal with them to take care of the things which would ensue in the process of culmination of the conspired plan. In pursuance of the settled deal accused HC Tilak Raj, who was also accompanying the search party, took accused Sanji Ram to cow shed and reiterated that necessary payments have to be made to the investigating officer of the case i.e. accused SI Anand Dutta in order to save him and other accused from the clutches of law with respect to kidnapping and also not to conduct further searches.

During investigation it has been found that on 12th of January JD Shuboo’s mother, Tripta Devi, reached accused Sanji Ram’s residence at Rasana. It has been found that the accused Sanji Ram narrated JCL’s involvement in kidnapping and confinement of the girl to the JCL’s mother. Further that accused Sanji Ram gave his sister (i.e. JCL’s mother) a packet containing Rs. 1.5 lacs with the direction to hand over the same to accused HC Tilak Raj as accused Sanji Ram had to attend some work. It has been found during investigation that JCL’s mother was a close friend of accused HC Tilk Raj as both were classmates in Govt. Primary School at Damiyal. The money was subsequently handed over to accuse Tilak Raj by Tripta Devi.

During the course of investigation it has been found that at about 8:30 a.m. on 13th January 2018 JCL, accused Vishal Jangotra @ Shamma and accused Sanji Ram left for Devisthan, where JCL and Sanji Ram performed rituals. In the meantime, accused Mannu also reached Devisthan. The accused Sanji Ram left Devisthan from back gate for performing some rituals and met Deepu who was waiting for him. The accused Vishal Jangotra @ Shamma raped Asifa .Thereafter, JCL also raped the girl in presence of the accused Mannu. The investigation also revealed that after committing the rape, JCL directed accused Vishal Jangotra @ Shamma and accused Mannu to leave Devisthan. JCL again took out 03 tablets out of the strip which he had kept under a heap of garbage near an electric pole outside the Devisthan and gave the same to the girl and again covered her with mats and dropped the utensil container in front of her in order to hide her. The remaining two tablets were hidden by the juvenile delinquent under a heap of garbage near electric pole.

During investigation the said strip containing two tablets was recovered from near the Devisthan on the disclosure and at the instance of JCL. During investigation it has been found that after distributing Lohri to relatives in the evening JCL informed accused Sanji Ram that he and accused Vishal Jangotra had committed gang rape with Asifa inside Devisthan. Accused Sanji Ram directed JCL that the time was ripe to kill the girl so as to achieve the ultimate goal of criminal conspiracy hatched among the accused. On the direction of accused Sanji Ram at Devisthan the accused Mannu, Vishal and JCL removed the Victim from Devisthan and took her to a nearby culvert situated in front of Devisthan. In the meantime accused Deepak also reached there. On the spot accused Deepak Khajuria @ Deepu told JCL to wait as he wanted to rape the girl before she is killed.

As such once again the little girl Asifa was gang raped firstly by accused Deepak Khajuria @ Deepu and then by JCL. After committing the barbaric act of rape on minor victim the accused Deepak Khajuria @ Deepu kept her neck on his left thigh and started applying force with his hands on her neck in order to kill her. As accused Deepak Khajuria @ Deepu was unsuccessful in killing her another accused JCL killed her by pressing his knees against her back and strangulated the girl by applying force on both the ends of her Chunni. Thereafter, accused JCL, in order to make sure that the victim is dead, hit her twice on head with stone. As per the conspired plan the dead body was to be transported and disposed off in the Cannal at Hiranagar, however, as the vehicle could not be arranged in time, the accused on spot decided to dump the body at Devisthan being the safe place till its disposal and accordingly the four accused namely JCL, Vishal, Deepak and Mannu lifted the body and dumped it in Devisthan while Sanji Ram was keeping watch outside Devisthan. Thereafter, all the accused left for their homes. The investigation conducted further revealed that on 15th January 2018 accused Sanji Ram told JCL and his son accused Vishal Jangotra @ Shamma that Kishore had refused to bring the car hence they cannot throw the dead body in the Cannal and accordingly directed them to throw the dead body in the jungle as it was not safe to keep it inside Devisthan anymore as the people were likely to visit Devisthan on the following day for Fanda which was to be performed by accused Sanji Ram himself.

During investigation it came to light that JCL went to Mannu’s house and found that he was not present at home. Accordingly, JCL and accused Vishal Jangotra @ Shamma decided to execute the plan without Mannu. As per plan JCL along with accused Vishal Jangotra @Shamma went to Devisthan. Accused Vishal Jangotra @Shamma opened the door while JCL lifted the dead body on his shoulder. The accused Vishal Jangotra @Shamma locked the door and JCL disposed of the dead body by throwing it inside the jungle while accused Vishal Jangotra @Shamma was guarding outside bushes. After throwing the body JCL and accused Vishal Jangotra @Shamma returned home. At around 4.00 pm JD Shuboo went to Samadiya near the court Hiranagar where other village boys were playing and met his friend, namely Amit Sharma S/o Narayan Shanker R/o W. No 10 Hiranagar, and informed him about the murder of victim. A fact corroborated by friends of Amit. Thereafter, JCL accompanied accused Vishal to Ghagwal railway station wherefrom accused Vishal left for Meerut. Pertinently, another installment of Rs 1.5 lakhs was given to accuse Tilak Raj by accused Sanji Ram at his residence for SI Anand Dutta.

Investigations revealed that next day on 17th January 2018 dead body of Asifa was recovered on the basis of information provided by one Jagdish Raj S/o Desu R/o Dugaan Bani who had seen the same while in search of his missing sheep in the nearby forest. The body of the deceased was taken into custody by police for conducting autopsy. The postmortem of the deceased was conducted by a team of doctors at District Hospital Kathua on the same day at 1430 hrs. Investigation revealed that in the evening accused HC Tilak Raj, who was in knowledge of entire game plan, met accused Sanji Ram at home where he requested the accused Sanji Ram to handover one of the accused as things have gone beyond their control due to massive agitation by Bakarwals. Instead of handing over any accused to him accused Sanji Ram paid an amount of Rs 1.00 lakhs to accused SI Anand Dutta through said Tilak Raj which Tilak Raj readily accepted. Investigations also revealed that on the following day JCL was apprehended and taken to Police Station for questioning.

The accused Sanji Ram visited JCLin P/S Hiranagar and directed him not to disclose the involvement of his son accused Vishal Jangotra @ Shamma and promised him that he will get him cleared from the charges at the earliest. It has been found that accused SI Dutta in order to pave way for clearing JCL of the charges directed him to implicate one Gadee, who had also been lifted by police for questioning, in the killing case of the girl Asifa. Instead of implicating the Gadee, JCL admitted the charges of kidnapping and murder of the victim before SSP Kathua. During investigation it has been found that accused SI Dutta again warned JCL and asked him to stick to the tutored version given by him and to take the entire blame on to himself.

During investigation it transpired that on 19th January, 2018, the accused SI Dutta along with his PSO’s took JCL to the jungle where from the dead body had been recovered and accused SI Dutta told JCL to hold a stone in his hand and took his photograph. He also prepared a Disclosure Memo showing the Stone to have been recovered on the disclosure of JCL. Thereafter, he took the Juvenile to a cow shed and again took his photographs in the dry grass shed and Machine room respectively. Then accused SI Dutta took JCL’s photograph near the ashes of wood. This all was being done by the accused SI Dutta in order to attach an element of truthfulness to his concocted story and in the process to create false evidence so that other accused could be screened from the grave criminal charges for which he had received Rs 4.00 lacs out of the settled amount of Rs 5.00 lacs from accused Sanji Ram. During investigation it surfaced that accused Sanji Ram had kept a good amount of cash available with him well in advance.

However, investigations regarding the complete financial trail are underway. During investigation conducted by Crime Branch it has been established on the basis of oral, scientific as well as documentary evidence that the victim was neither kept in captivity at Cow shed nor had she been killed on the spot from where her dead body was recovered thus rendering the entire story created by accused SI Dutta as farce and far from truth. The investigation has established, on the strength of evidence both oral as well as scientific, that the accused SI Dutta and Tilak Raj have in furtherance of Criminal Conspiracy hatched between themselves and the principal accused Sanji Ram washed the clothes worn by the deceased at the time of her death with the intention to remove the clay and blood stains/sperms etc and thereafter forwarded the same to FSL for expert opinion. This apart the accused SI Dutta deliberately did not conduct the search of Devisthan for tracing out the missing girl. The said accused has not even searched the premises and other suspected installation/houses in the vicinity where from the innocent girl had gone missing and was lastly seen by the witness namely Veena Devi.

Moreover during the course of investigation of such a sensational case the said accused as an I.O has remained very casual and has left serious criminal lapses deliberately in order to give undue benefit or to expunge the accused involved in the case. The accused while investigating the case has deliberately not seized Dupatta, hairband and neckless of the deceased girl as well as clothes of the juvenile after his confession which is evident from the seizure memos prepared by the accused during the course of investigation. The Chunni used for strangulating the victim has been seized later on by SIT CBJ from P/S Hiranagar along with Hair band. These vital pieces of evidence were deliberately left out by the said accused to confer undue benefit to the accused. The necklace worn by the victim (as seen in the photographs of victim) was also not seized and has been destroyed as the same could not be traced and accused was unable to justify that as to why these items were not seized as a piece of evidences in this case. Similarly the accused SI Anand Dutta has not even collected the blood sample of victims from the board of doctors who conducted autopsy of victim at District Hospital Kathua. Keeping in view of the facts, circumstances, call details confessional statements, statements of official of P/S Hiranagar, FSL report and other evidences, the involvement of accused SI Dutta and HC Tilak Raj was found involved in commission of offence punishable u/s 201/RPC, r/w 343,376-D,302,120-B/RPC.

In the course of investigation, it transpired that Sanji Ram S/o Des Raj R/o Rasana was against the settlement of Bakarwals in Rasana Kootah, and Dhamyal area, and always kept on motivating the members of his community of the area not to provide land for grazing or any other kind of assistance. One Harnam Singh s/o Darbara Singh R/o Kootah had sold land to one Bakarwal and he (Sanji Ram) had started acampaign against said Harnam Singh.He also utilized the services of ex- Sarpanch of Kootah and Rasana area against said Harnam Singh and managed to stop the payment on account of installation of telephone towers in his land through the concerned tehsildar on the plea that the land in question was a state land. Ultimately, said Harnam Singh approached the Hon’ble High court and got the impugned order of Tehsildar quashed.

He had also seized goats of one Rashid D/o Chandia Bakerwal in the month of December, 2017 for watering his cattle at a pond near his house and Rs. 1000/- was taken from him as fine for releasing the goats. Apart from this he had also charged Rs. 1000/- as fine from Mohd. Yousaf Bakarwal for grazing his cattle inthe forest pasture situated near his house. HC Tilak and SPO Deepak Khajuria were also against the settlement of Bakarwals in Rasana, Kootah and Dhamyal area who had already discussed this issue with Sanji Ram to Chalk out a strategyfor dislodging the Bakarwals from the area. They were blaming the Bakarwals on one pretext or the other and used to threaten them. Accused Tilak Raj and Deepak Khajuria also had some serious issues with Bakarwals over the land occupation and crop damage being residents of the same area. Besides, accused Deepak Khajuria had already had few scuffles with Bakarwals. This apart during investigation it transpired that a particular community had a general impression that the Bakarwals indulge in cow slaughter and drug trafficking and that their children were turning into drug addicts.

This rivalry between the two communities in the area has already resulted into registration of various FIRs and counter FIRs at different adjoining police stations of the area between the two communities. Thus during investigation it has become abundantly clear that the accused had a reason to act against the Bakarwal Community and hence the conspiracy ultimately resulting into the gruesome rape and brutal murder of an innocent budding flower, a child of only 8 years of age, who being a small kid became a soft target.

In the course of investigation statements of more than 130 witnesses were recorded under section 161and 164- A CrPC. All the witnesses examined have unequivocally corroborated the facts that emerged in the course of investigation as detailed out hereinbefore. The statements of all these witnesses form part the Challan.

In the course of investigation, the potency test of the JCL, Vishal Jangotra and Pravesh Kumar was conducted and the report obtained has been found positive. The report makes it clear that the accused including Juvenile are capable of performing sexual intercourse. In respect of accused Deepak Khajuria the experts have sought his reexamination for the potency test which shall be done after seeking permission from the court.

In the course of investigation the SIT members along-with FSL experts and Naib Tehsildar, Executive Magistrate 1st class Kootah again visited the scene of occurrence and tried to reconstruct the Scene of Crime. The minute examination of these locations led to the recovery of various items including blood stained wooden sticks and hair strand, which were seized, packed and sealed/resealed by Executive Magistrate 1st Class. The sealed packets containing the exhibits collected in the course of investigation were sent to FSL for analysis and report. Besides, few hair strands recovered from Devisthan and nearby forest where the dead body was dumped by the accused were forwarded to the experts in New Delhi for DNA profiling. On the basis of opinion furnished by the experts’ one of the hair stands recovered from the Devisthan matched with the DNA profile of Victim Asifa which confirmed that the victim was kept in captivity at Devisthan which is exclusively manned by accused Sanji Ram to the exclusion of any other person of the area.

Similarly as per the expert opinion in respect of hair strand recovered from place of recovery of dead body, it matched with the DNA profile of JCL. Notwithstanding the fact that accused police officials SI Datta and Tilak Raj had made all efforts to destroy the evidence by washing the clothes worn by the deceased and FSL Srinagar could not frame any opinion on the basis of examination of the washed clothes but to the ill luck of accused the FSL Delhi with updated technology was able to confirm the presence of blood stains on the Frock-Shalwar of the victim which matched with the DNA profile of the victim. DNA profiling also established presence of victim’s blood on the vaginal smears. During investigation the opinion on various exhibits referred to FSL has been obtained. Besides, post mortem report of dead body was also obtained. On the strength of opinion furnished by the experts it has been confirmed that hymen of the deceased was not found intact and lacerations on vulva of the vagina were also observed, besides blood stained discharge was found inside vagina of the deceased.

As per the report of medical experts the victim was found prima-facie raped before being killed. Furthermore, investigations in this regard have established that the victim was raped by more than one accused with common intention. Accordingly, section 376-D RPC was added in the case. The Medical opinion also established the fact that the victim had been kept without food and administered sedatives and her cause of death was Asphyxia leading to cardio-pulmonary arrest. The expert opinions and Post Mortem report forms part of challan.

During investigation call details of mobile phones used by the accused persons were obtained from concerned quarters. The CDRs obtained have prima facie established the individual and common locations of all the accused in and around the scene of crime on crucial dates of occurrence. The analysis of CDRs of accused Deepak Khajuria revealed that he had remained in constant touch with one Surinder Kumar, who two is posted as SPO along with accused Deepak Kumar in Police Station Hiranagar from the date of kidnapping of the victim. This necessitated the questioning of said Surinder Kumar who was summoned and questioned but he could not give any plausible and tangible explanation regarding his telephonic conversation with accused Deepak Khajuria and a sudden spike in their frequency despite of the fact that accused Deepak Khajuria had disclosed that he had send Surinder Kumar to ascertain the movement of Bakarwals in and around Devisthan on 14-01-2018 and also to inform him regarding the condition of victim who then was held in captivity in Devisthan. In response to which said Surinder Kumar visited the Devisthan and conveyed to him regarding the movement of Bakarwals and condition of the victim. Besides, some of the witnesses examined under section 161CrPC corroborated regarding the movement/presence of Surinder Kumar in and around said Devisthan. Said Surinder Kumar was accordingly arrested and is presently in judicial custody. Further investigation in respect of his involvement in the case is being conducted which may include his narco- analysis for which his consent has already been obtained.

In the course of investigation it transpired that accused Vishal Jangotra who is a student of BSc Agriculture at Akansha College Mirapur, UP and actively took part in the rape and murder of the victim, has tried to create an alibi by resorting to manipulation of records and creation of false evidence with the connivance and assistance of his father (SanjiRam) and one Kishore S/O Prem Nath (his relation) R/O Chanmorian, Hiranagar, R.P Singh, Chairman, Akansha College Mirapur, UP and some other employees of Chawdhary Charan Singh University Meerut, who as per the inputs received during investigation have received huge amount as a kick back from the accused Sanji Ram. This aspect needs further investigation as records are to be collected from concerned college/university and in respect of some documents expert opinion from FSL is awaited. Besides, Digital Video Recorder of the Examination Centre where accused claimed to have appeared in examination at Khatoli, Muzaffarnagar has also been seized and has been sent for forensic examination for expert opinion. After conducting further investigation supplementary charge sheet shall follow.

Whatever surfaced in the course of investigation leads to the irresistible conclusion that the accused namely Sanji Ram S/o Des Raj R/o Village Rasana, Hiranagar, Shubam Sangra @ Chuboo S/o Om Parkash Sangra R/o Ward No. 10, Hiranagar A/o Village- Rasana Hiranagar; Deepak Khajuria @ Deepu S/o Updesh Khajuria R/o Dhamiyal Hiranagar;;Parvesh Kumar @ Mannu S/o Ashok Kumar R/o Village -Rasana, Hiranagar; Vishal Jangotra s/o Sanji Ram R/oi Rasana, Hiranagar;;Tilak Raj S/o Amir Chand R/o Dhamiyal, Hiranagar;Anand Dutta S/o Shanti Swaroop Dutta R/o Village Dharmal P/o Muthi, District Jammu and Surinder Kumar S/o Sain Das R/o Satura, Hiranagar have undoubtedly committed offences Punishable under section 363/343/376-D/302/201 r/w 120-B RPC. Accordingly, the Charge sheet in respect of above named accused person is produced before the Hon’ble Court for judicial determination in accordance with the Juvenile Justice (Care and Protection) Act. For the other accused persons involved in the above mentioned FIR, a separate charge sheet is being submitted in the Ld. Court of JMIC, Hiranagar.

List of the witnesses which the prosecution proposes to produce before the Hon’ble Court for deposition and the documents relied upon forms part of Charge Sheet as PART-1 and PART-2.

Sr. Superintendent of Police,
SHO P/S Crime Branch,
Jammu.

बाबा गुरमीत राम रहीम गिरफ्तारी; कुछ सवाल

आम तौर पर चुप्पी साधे रहने वाला लो प्रोफाइल लेकिन साफ़ सुथरा शहर पंचकुला आज कल गलत कारणों से चर्चा में है. दरअसल डेरा सच्चा सौदा के प्रमुख गुरमीत राम रहीम इंसा की पंचकुला सीबीआई कोर्ट में पेशी 25 अगस्त के लिए निर्धारित थी. पन्द्रह वर्ष पुराने साध्वी यौन शोषण मामले में बहस पूरी होने के बाद यहाँ मामले का फैंसला सुनाया जाना था. यही वह कारण था कि पंचकुला एक दम से राष्ट्रीय सुर्ख़ियों में आ गया. 25 अगस्त को डेरा मुखी की पेशी के बाद उन्हें सजा सुना दी गयी और उस सजा के बाद पंचकुला में जो तांडव हुआ वह समस्त राष्ट्र ने देखा है. 76 गाड़ियाँ जला दी गयी, 35 से अधिक डेरा समर्थक हिंसा के बाद सुरक्षा बलों की गोली के शिकार हुए. डेरा हेडक्वार्टर सिरसा कमोबेश थोडा अधिक शांत लेकिन पूरी तरह तनावपूर्ण रहा. वहां भी कुछ लोग गोलियों के शिकार बने. आइये इस घटनाक्रम के इतिहास को जानते हैं और बाद में लिए जाने लायक सबक देखते हैं.

25 अगस्त 2017 को होने वाली पेशी के दौरान माननीय सीबीआई अदालत ने डेरा मुखी को निजी तौर पर पेश होने का आदेश दिया. कानूनन रूप से आरोपी को सजा अथवा बरी करने का कार्य अदालत आरोपी के सामने ही करती है ताकि वह ऊपरी अदालत में जाकर यह न कह सके कि उसे सजा देने से पहले सुनवाई का अधिकार नहीं मिला. कानून में ऐसे प्रावधान भी किये गये हैं. ऐसे में उन्हें पेश होने के लिए कहना प्राकृतिक न्याय के अनुरूप था. यहीं से पंचकुला सुर्ख़ियों में आया. एक एक कर यहाँ डेरा समर्थक जमा होने शुरू हो गये. स्थिति और भी गंभीर हो गयी जब हरियाणा के मुख्यमंत्री ने बाकायदा प्रैस कोंफ्रेंस कर मीडिया को जानकारी दी कि 25 तारिख को डेरा मुखी कोर्ट में पेश होंगे. ऐसे में मीडिया के माध्यम से भी समर्थकों तक आधिकारिक मैसेज पंहुच गया कि डेरा मुखी पंचकुला में आयेंगे. हालाँकि बाद में डेरे के द्वारा मुख्यमंत्री के ब्यान का खंडन किया गया और यह कहा कि डेरे की तरफ से ऐसा कोई आश्वासन नहीं दिया गया है एवं वे कानून का सम्मान करते हैं. पंचकुला में एहतियातन धारा 144 लगा दी गयी. लेकिन बावजूद उसके खेल बिगड़ना शुरू हो गया. चारों तरफ पुलिस के पहरे के बावजूद लगभग 2500 समर्थक एक दिन पंचकुला जिला न्यायालय के कोम्प्लेक्स में प्रवेश कर गये. यह बड़ी चूक थी. इसके बाद पहरा और कडा कर दिया गया और अदालत के वकीलों को भी कड़ी तलाशी अभियान से गुजारा जाने लगा और उनकी गाड़ियों की पार्किंग तक बदल दी गयी. इस बात को लेकर वकीलों के अंदर नाराजगी आई और बात कहासुनी तक भी पंहुच गयी. बढती टेंशन के माहौल में जिला बार एसोसिएशन पंचकुला ने अपना कार्य 23 अगस्त से 25 अगस्त तक सुरक्षा के लिहाज से सस्पेंड करने का फैंसला कर लिया. यह कदम दुर्भाग्यपूर्ण था. एक आरोपी की पेशी के कारण ही यदि न्यायालय के अंदर कार्य बंद हो जायेगा तो स्वतंत्रता को खतरा होना लाजमी है. इस बीच डेरा समर्थक ;लगातार जीरकपुर के रास्ते से पंचकुला में प्रवेश करते गये और मीडिया के आकलन के अनुसार 18 अगस्त से 22 अगस्त के बीच लगभग डेढ़ लाख लोग आ गये. धारा 144 के बावजूद भी इतने लोगों का पंचकुला में इकट्ठा होना खतरनाक था. ज्ञातव्य है कि पंचकुला छोटा शहर है और यहाँ की कुल जनसख्या लगभग 3.5 लाख ही है. बाहर से आने वाले लोग पंचकुला के हर पार्क में फ़ैल गये. सरकार और निगम के द्वारा अलग से इंतजाम करने की जगह पब्लिक टॉयलेट तक बंद कर दिए गये. ऐसे में यहाँ बारिश के दिनों में हालात और खराब हो गये. 21 तारीख आते आते लोग सेक्टर 21, 23, 24 में घरों के आगे बैठना शुरू हो गये. पंचकुला के बहुत से लोगों की हालत एक तरह बंधक जैसी हो गयी. यह सब शर्मनाक था और एक बड़ी विपदा को जन्म देने के लिए काफी था. ऐसे में मैंने माननीय हाईकोर्ट में जनहित याचिका के द्वारा जाने का फैंसला लिया. सरकार पंचकुला के लोगों को डेरा समर्थकों की दया का पात्र बना कर नहीं छोड़ सकती थी. मामला 23 अगस्त सुबह फ़ाइल कर दिया गया. किसी विपरीत स्थिति के बावजूद भी मामला हर हाल में सुनवाई के लिए कोर्ट में आये इसके लिए दोपहर दो बजे मैंने अपने कुछ वकील साथियों के साथ जा माननीय न्यायमूर्ति अजय कुमार मित्तल की खंडपीठ के आगे गुजारिश की कि इसे 23 को ही सुनवाई के लिए रख लिया जाये लेकिन न्यायालय ने मेरी रिक्वेस्ट में देरी के चलते इसे 24 अगस्त के लिए रख दिया. 23 अगस्त को एक और दुर्भाग्यपूर्ण खबर आई. उच्च न्यायालय की बार एसोसिएशन माननीय कार्यवाहक मुख्य न्यायाधीश से मिलने गयी और रिक्वेस्ट की कि पंचकुला से आने वाले 800-1000 वकीलों को जान का खतरा है और यदि वे कोर्ट में पेश न हो पायें तो उनके मामलों में कोई नकारात्मक ऑर्डर न दिए जाये. इस गुजारिश को माननीय जस्टिस सारों ने मान लिया.

24 अगस्त से 26 अगस्त 2017 के बीच की एतिहासिक कार्यवाही:

मामला लगभग 10:30 पर माननीय जस्टिस सारों और जस्टिस अवनीश झिंगन की खंडपीठ के आगे सुनवाई के लिए आया. यह हैरानी की बात थी कि मामले की संजीदगी को देख माननीय न्यायालय ने हरयाणा और पंजाब के महाधिवक्ता को एवं केंद्र से अतिरिक्त सोलिसिटर जरनल श्री सत्यपाल जैन को पहले से ही कोर्ट में आने के लिए कह दिया था. सुबह की सुनवाई में माननीय कोर्ट ने सख्त टिप्पणी की कि यदि फरवरी 2016 वाला घटनाक्रम दोबारा हुआ तो कोर्ट हरयाणा के DGP को बर्खास्त करने से भी नहीं हिचकेगी. केंद्र से कहा गया कि कोर्ट को नहीं लगता कि हरयाणा की तैयारी ठीक है और वह सम्भालने में सक्षम है; क़ानून व्यवस्था बनाये रखना केंद्र का भी दायित्व है. केंद्र यह बताये कि सुरक्षा के लिहाज से केंद्र ने हरयाणा एवं पंजाब को क्या सहायता दी और कितनी और देने में सक्षम है. मामले को दोपहर बाद 2 बजे के लिए रख लिया गया. हरियाणा से पूछा गया कि धारा 144 के बावजूद इतने लोगों का पंचकुला में होना हैरान करने वाला है; सरकार इसका आदेश पेश करे. दोपहर बाद जैसे ही मामला सुनवाई के लिए आया तो मंजर बेहद हैरान करने वाला था. धारा 144 के ऑर्डर में कभी भी 5 अथवा 5 से अधिक लोगों का पंचकुला में आना मना ही नहीं किया गया था. ऐसे में जवाबदेही तो बनती ही थी. हरयाणा के ADGP श्री चावला कोर्ट में स्वयं पेश हुए और उन्होंने कहा कि उन्होंने पुख्ता जानकारी जुटाई है कि डेरे के द्वारा अपने समर्थकों को पंचकुला आने के लिए कहा गया है. उनके द्वारा यह भी कहा गया कि वे पंचकुला में लोगों का आना रोकने में अक्षम हैं. ऐसा लगता था कि पंचकुला को दया पर छोड़ दिया गया था. केंद्र ने कहा कि पंजाब को 75 एवं हरयाणा को केवल 56 कम्पनियां उपलब्ध कराई गयी हैं. यह संख्या बेहद कम थी. चूंकि एक कम्पनी में केवल 130 जवान होते हैं और एक जवान की एक दिन में केवल 8 घंटे की ही ड्यूटी रहती है ऐसे में क़ानून व्यवस्था का क्या हाल हो सकता था यह सोचने में भी डर लगता है. इसके बाद मामले को तीसरी बार सुनवाई के लिए शाम 3:30 पर रख लिया गया. तीसरी सुनवाई के दौरान जस्टिस सूर्यकांत भी पीठ का हिस्सा बन गये. पूर्ण पीठ के आदेश के बाद हरयाणा को 49 अतिरिक्त कम्पनी और पंजाब को 9 अतिरिक्त कम्पनियां मुहैया करवाई गयी. साथ ही सरकार को सुनिषित करने के लिए कहा गया कि डेरा समर्थकों को घर वापस जाने के लिए कह दिया जाये और डेरे को आदेश दिए गये कि डेरा मुखी अपने समर्थकों से वापस जाने के लिए अपील करें. एतिहासिक रूप से कोर्ट ने आदेश दिए कि कोई भी व्यक्ति, धार्मिक नेता, राजनेता आदि भडकाऊ बयानबाजी नहीं करेगा.

24 अगस्त की रात:

24 अगस्त की रात सरकार के द्वारा समर्थकों को बाहर निकालने की कथित कोशिश की गई लेकिन वह कोशिश माजरी चौक पुल के नीचे तक ही सीमित रह गयी. लेकिन एक अच्छा कार्य हुआ. कोर्ट के आदेश के बाद इन समर्थकों को लगभग सैक्टर 5 पंचकुला तक सीमित कर दिया गया. इसके अतिरिक्त कुछ लोग किसी किसी बिल्डिंग में रह गये. ज्ञातव्य है कि कोर्ट की सुनवाई में बहुत से वकील साथियों ने आप बीती भी सुनाई थी; उनके अनुसार कुछ लोगों ने घरों में भी घुसने की कोशिश की थी. देर रात मुख्यमंत्री सचिवालय के एक वरिष्ट अधिकारी ने आकर इस ओपरेशन को भी रोक दिया. ऐसे में सभी लोग पंचकुला में ही रह गये.

25 अगस्त का दिन और उसके बाद :

25 अगस्त को सुबह 11 बजे सुनवाई हुई. माननीय कोर्ट ने टिप्पणी की कि ऐसा लगता है कि सरकार डेरे के साथ मिली हुई है. मैंने कहा कि लगभग 800 गाड़ियों का काफिला सिरसा से चला है और यह काफिला स्वयं खतरा हो सकता है. जब कोर्ट ने पूछा तो महाधिवक्ता ने कहा कि उन्हें बताई गयी जानकारी के अनुसार कुल 7 गाड़ियाँ आ रही हैं. कौन सही था यह आप सबने देखा होगा. इसके अलावा सरकार ने कहा कि सैक्टर 5 में कुछ लोग रह गये हैं और बाकियों को कोर्ट के आदेश के बाद निकाल दिया गया है. कोर्ट ने आदेश दिया कि सुरक्षा बनाये रखने के लिए सैनिक कोई भी कार्यवाही करने से न चूकें और किसी आदेश का इंतज़ार न करें.  मामले को दोपहर बाद 4 बजे के लिए रख लिया गया. इस बीच सीबीआई कोर्ट ने डेरा मुखी को सजा सुना दी और उसके बाद डेरा समर्थकों के द्वारा व्यापक हिंसा फैलाई गयी. कोर्ट के आदेश के अनुसार फ़ोर्स ने अपना काम किया और आर्मी स्टैंड बाई रही. पंचकुला में कथित तौर पर कर्फ्यू लगा दिया गया. सिरसा और पंजाब के कई शहरों में भी यकायक हिंसा हुई. कोर्ट ने डेरे के वकील को आदेश दिया कि रिकवरी के लिए तैयार रहें और डेरा अपनी सम्पत्ति को ट्रांसफर न करे. नुक्सान के जायजे के लिए एवं अन्य कार्यों के लिए कोर्ट को 26 अगस्त छुट्टी के दिन के लिए स्थगित कर दिया गया. छुट्टी वाले दिन कोर्ट फिर से बैठी जहाँ जानकारी दी गयी कि 28 लोग पंचकुला में मृत्यू को प्राप्त हुए हैं और बहुत से घायल हैं. पंजाब में कोई मृत्यू नहीं हुई. पंचकुला के DCP को सस्पेंड कर दिया गया है. माननीय कोर्ट ने इसपर हैरानी जताई कि इतने निचले स्तर के अधिकारी को सस्पेंड करना यह साबित करता है कि सरकार कहीं न कहीं डेरे के साथ मिलीं हुई थी और पंचकुला में जानबूझ कर लोगों को आने दिया गया. कोर्ट ने स्पष्ट किया कि वह मामले की तह तक जाएगी और इस मामले में किसी को नहीं बक्शा जायेगा. 29 अगस्त को सुनवाई के दौरान माननीय कोर्ट ने इस बात पर एतराज जताया कि सरकार यह कह रही है कि पंचकुला में लोगों को इकट्ठा होने देना प्लान का हिस्सा था. कोर्ट ने कहा कि यदि यह प्लान था तो धारा 144 का गलत ऑर्डर पास करने के लिए DCP को सस्पेंड ही क्यों किया गया. सरकार ने बार बार कोर्ट को अँधेरे में रखा. कहा गया सब कुछ कंट्रोल में है; बावजूद इसके इतनी व्यापक स्तर पर हिंसा हुई.

इस मामले में अब आगे सुनवाई 27 सितम्बर को होगी लेकिन सबक तो हम ले ही सकते हैं. राजनीति से धर्म को पूर्णतया अलग करना समय की जरूरत है. भारत एक धर्मनिरपेक्ष देश है एवं सरकारें धर्म से स्वयं को दूर रखें.माननीय कोर्ट की सक्रियता एतिहासिक थी और इससे जनता का न्यायपालिका पर विश्वास बहुत बढ़ा है. मेरे कुछ प्रश्न हैं यदि कोई सरकार उत्तर दे पाए तो:

  1. धारा 144 का गलत ऑर्डर क्यों पास किया गया और यदि यह सही था तो कोर्ट में इसे टाइपिंग एरर क्यों बताया गया?
  2. बिना जांच के मुख्यमंत्री ने डेरा प्रेमियों को निर्दोष क्यों बताया और मुख्यमंत्री ने मीडिया के सामने पहले यह क्यों कहा कि उन्होंने डेरा मुखी से स्वयं बात की है. यदि मुख्यमंत्री दोषियों को जानते थे तो उन्होंने पहले उन्हें पंचकुला में क्यों नहीं पकड़ा?
  3. कथित प्लानिंग में पंचकुला को जलने के लिए क्यों छोड़ दिया गया. यदि कोर्ट के आदेश पर सेक्टर खाली न करवाए जाते तो?
  4. नाम चर्चा घर सेक्टर 23 में लगातार भंडारा चल रहा था; इन्हें सिलिंडर की आपूर्ति कहाँ से हो रही थी और रसद कहाँ से दी जा रही थी? शिक्षा मंत्री की मानें तो क्या यह सरकार कर रही थी?
  5. डेरा मुखी के साथ उनकी मूंह बोली बेटी हनिप्रीत हेलिकोप्टर में रोहतक क्यों गयी? DGP कहते हैं आदेश कोर्ट से आया और कोर्ट ऐसा आदेश देने से ही मना कर रही है.
  6. कर्फ्यू के बावजूद सिरसा से 350 गाड़ियाँ (सरकार के अनुसार) कैसे निकली और उनकी जांच क्यों नहीं हुई? पंचकुला में धारा 144 होने के बावजूद भी 173 गाड़ियाँ क्यों पंहुची और उन्हें आने का आदेश किसने दिया?
  7. केंद्र ने इतनी कम सुरक्षा क्यों मुहैया करवाई? क्या सच में ही केंद्र हरयाणा या पंजाब को कुछ नहीं मानता?
  8. उस अधिकारी के विरुद्ध क्या कार्यवाही होगी जिसने रात को पुलिस का ओपरेशन रुकवाया?
  9. यदि सरकार ने प्लानिंग की थी तो DCP को सस्पेंड क्यों किया गया?
  10. पुख्ता जानकारी होने के बावजूद भी सरकार पब्लिक में क्यों कहती रही कि पंचकुला में शांतिप्रिय लोग बैठे हैं. नाम चर्चा घरों को चैक क्यों नहीं किया गया?
  11. इतनी सुरक्षा के बावजूद भी पंचकुला में लोग हथियार लेकर कैसे आये?
  12. कोर्ट में बार बार झूठ बोलने की क्या वजह है?
  13. मुख्यमंत्री को हिंसा करने वालो के समर्थन में क्यों आना पड़ा?
  14. केवल तीन महीने पहले सरकार ने कोर्ट में रिपोर्ट सोंपी है कि डेरे में कोई आपत्तिजनक चीज नहीं है तो ये हथियार कहाँ से आये?
  15. अभी तक भी सरकार के मंत्रीगण डेरे को क्यों डिफेंड कर रहे हैं?
  16. रामविलास शर्मा जी के विरुद्ध कानूनी प्रक्रिया में बाधा डालने के लिए कोई कार्यवाही क्यों नहीं हुई?
  17. अभी तक सिरसा के प्रमुख डेरे में आर्मी को क्यों नहीं जाने दिया जा रहा और इतनी सुरक्षा के बावजूद भी लगभग 15 ट्रक बिना चैकिंग सिरसा डेरे को छोड़ राजस्थान कैसे पंहुचे हैं? डेरा मुखी का परिवार घेराव के बावजूद भी राजस्थान पंहुचने में कैसे सफल हुआ?
  18. पंचकुला के लोगों के जीवन को खतरे में डालने का सरकार के पास क्या अधिकार था?