(1.) Shri S. Swatantra Rao has appeared in person has filed an affidavit. He is examined. On his attention being drawn to what finds place in the order of his Court passed on 1-9-1995, he states that what has been mentioned therein as regards his meeting one of us (K. Ramaswamy, J.) is correct. On being further asked as to whether he had met on his own or at the instance of anybody, his reply is that he had done so on his own and then brings to our notice the statements made by him in the affidavit.
(2.) We have perused the affidavit which was verified at Bangalore on 7-9-1995. It has mentioned the"sequence of events" leading to his meeting Hon'ble Mr. Justice K. Ramaswamy. It states that having read in the newspaper, while on tour to West Bengal, about the judgment of this Court imposing sentence on Shri J. Vasudevan, on his return to Bangalore he tried to contact Shri Vasudevan to console him. He was informed that Shri Vasudevan was not available in Bangalore and that he was still in Delhi.
(3.) On 29-8-1995 it was told to the deponent that Shri Vasudevan was in a shock and despair and that the sentence imposed would be implemented within a day or two. This led the deponent to feel that Shri Vasudevan might not bear the punishment and something untoward could happen during his imprisonment. Being a colleague and friend of Shri Vasudevan, he could not curb his concern and started wondering whether something could be done to help him.