PREMKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has been charge sheeted in C. C. No. 93 of 1992 before the Disignated Court under the Terrorist and Distruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the TADA Act ) and under Section 309 of the Indian Penal Code (hereinafter referred to as the IPC). On the allegation that on 21-5-1991 at Sriperumbudur in Tamil Nadu State Sri Rajiv Gandhi was killed in a bomb blast and the Central Bureau of Investigation (hereinafter referred to as the CBI) which conducted the investigation into the death of Sri Rajiv Gandhi suspected one Shivarasan and Smt. Subha stated to be Sri Lankan citizens were involved in the said offence and the local police received some information on 18-8-1991 that the said Shivarsan and Smt. Subha were hinding in a house at Konankunte village within the jurisdiction of Second Respondent. On the basis of that information it is stated that the police were keeping a watch at Konankaunte village and on that very night they saw two persons entering a particular house with some bag and after few minutes they went back. Thereafter on 19/08/1991 at about 7 a.m. when the police were keeping a watch over the village, they saw two persons coming by walk after getting down from an auto-rickshaw and coming towards the said house and while they were coming towards the said house on seeing the police persons both of them started running away from them. Of them, one person ran away and the other person was apprehended who is none other than the petitioner. It is stated that while the petitioner was running away, he consumed some capsule said to be poisonous substance. As he was about to chew the said capsule it was removed from the mouth of the petitioner and he was taken to Bowring hospital for treatment and he was treated as an inpatient till 22-8-1991. The petitioner is said to have harboured the said Shivarasan and Smt. Shubha who were accused of involvement in the assassination of Sri Rajiv Gandhi. On discharge from the hospital the petitioner was arrested for an offence of attempt to commit suicide under Section 309, I.P.C. and he was released on bail by the II Additional Chief Metropolitan Magistrate, Bangalore , on 2-9-1991 . The Second Respondent registered another case on 2-9-1991 for offences under Sections 3 and 5 of the TADA Act and thereafter he was produced before the Sessions judge, Bangalore, on 4th Sept. 1991 and thereafter before the District and Sessions Judge, Bangalore Rural District, and since then he is in judicial custody. On 23-3-1992 a charge sheet was filed for offences under Sections 3 (3), 3(4) and 4 of the TADA Act. The Principal City Sessions Judge, Bangalore, was designated as the Court for the purpose of TADA Act by a notification and the petitioner was produced before the said Court on 30-6-1992.

(2.) It is urged on behalf of the petitioner that he had been falsely implicated in the case and sought for his discharge as there was no material to frame charge for offences under TADA Act. However, the Designated Court Proceeded to frame charges by its order dated 16-7-1992 for offences under Sections 3(3) and 3(4) of the TADA Act and under Section 309, IPC and on the same day the plea of the petitioner was also recorded . An application for grant of bail was also rejected on 16-7-1992.

(3.) The CBI which investigated into the circumstances leading to the death of Sri Rajiv Gandhi interrogated the petitioner and his statement was also recorded on 24-8-1991 and apprehended one Ranganath who was stated to be along with the petitioner in the autorickshaw when the petitioner was apprehended by the police at Konanakunte village on 19-8-1999. The said Rangananth has been arrayed as Accused No. 34 before the Designated Court under the TADA Act. However, the petitioner was only cited as a witness at serial No. 969 in the charge sheet and he was not arrayed as an accused there. The entire investigation has been conducted by the CBI authorities in respect of petitioner also.