The correspondence between the two sides to arrange the meeting was initiated as per orders of the Delhi High Court after a hearing on December 4, 2019. (Picture for representation)
As another anniversary of Operation Blue Star approaches, The Indian Express has learnt that the SGPC and the Union government have been in communication for the past few months to fix a meeting between Home Minister Amit Shah and SGPC president Gobind Singh Longowal to negotiate an out-of-court settlement to a 35-year-old case in which Rs 1,000 crore damages have been sought from the central government for carrying out the 1984 operation.
The correspondence between the two sides to arrange the meeting was initiated as per orders of the Delhi High Court after a hearing on December 4, 2019, but it got abruptly paused due to the pandemic outbreak.
Speaking about the events that transpired after the High Court hearing last year, a senior SGPC official said: “Correspondence has been initiated. First, we got a letter from the Home Ministry to fix the meeting of the Home Minister with SGPC president to start negotiations. Then SGPC also sent a letter in response. The correspondence came to a halt after the coronavirus outbreak. The next hearing of the case in May was also adjourned. We can expect the correspondence to start after the normalisation of the pandemic situation. So far, no meeting could be arranged.”
The process to start negotiations had rolled after the SGPC asked for a meeting with Shah to settle the case during the court hearing.
SGPC’s counsel had then told court that if Union Home Minister meets representatives of plaintiff, the issue will be resolved immediately. The Union government had also agreed in court to work towards the same end. But while Centre had claimed that talks between representatives of two sides were already on, the SGPC had denied it.
Speaking about bid to fast-track negotiations at the highest level, Delhi Sikh Gurdwara Management Committee president Manjinder Singh Sirsa said:”It was a big development for us when court ordered both parties to settle the dispute. We are confident that our case is very strong and when it comes to the negotiation table, we will have the upper hand.”
On why SAD has not taken any political initiative with the help of its alliance partner BJP to settle the case, Sirsa said, “We want to start negotiations under court vigilance. Respective Congress governments had submitted very offensive affidavits against the SGPC. It is not so easy to settle a court matter with outside political initiative. Once negotiations start, we will definitely make political efforts to convince the Union government.”
What the court said
In an order passed on December 4, 2019, Justice Rajiv Sahai Endlaw had said, “The learned Additional Solicitor General Sanjay Jain states that considerable progress has been made in the settlement talks, since after 30th August 2019. The senior counsel for the plaintiff, though on enquiry states that no settlement talks have taken place… The senior counsel for the plaintiff suggested that if Home Minister meets representatives of plaintiff, the issue will be resolved immediately. The learned Additional Solicitor General states that he will convey the same to Home Minister.”
While scheduling the next hearing for May 14, the order added: “The Home minister is requested to meet the representatives of the plaintiff at earliest so that matter is settled, if can be settled.” The May hearing could not be held.
Bid for negotiated settlement
But earlier HC orders in the case, perused by The Indian Express, indicate that an attempt to reach a negotiated settlement has been on for some time.
On July 24, 2019, the court said: “The personnel and office bearers of the SGPC and the ministers/ministries concerned are requested, in the light thereof, to advance the talks so that the settlement, if at all possible can be reported before the next date of hearing.”
The court order passed on August 30, 2019, read: “The senior counsel (Union government) states that appropriate authorities are in talks for resolution of the dispute subject matter of the suit and they are hopeful of same being successful.”
The 35-yr-old case
Operation Blue Star was ordered by then Congress government headed by Prime Minister Indira Gandhi to flush out militants holed up inside the Golden Temple. The operation had caused huge damage to the buildings of the Akal Takht, the Golden Temple, the SGPC headquarters.
After the operation that left huge psychological scars on the community, the SGPC didn’t repair its headquarters for 32 years only to save the evidence of damage caused by Operation Blue Star for the compensation case pending in court.
It was in 2017 that SGPC headquarters were repaired that too after video recording of the bullet marks and other damage caused by Army action.
The Akal Takht building was reconstructed by community. The SGPC still blames Union government for not returning all the books and records of Sikh References Library after Operation Blue Star. It claims that gold and precious articles stored in the main entrance to Golden Temple were destroyed after a blast ripped the first floor of entrance gate to Golden Temple.
In 2013, SGPC had deposited Rs 10 crore as court fee, required in compensation claims, as court duty to pursue the case.