STATE DELHI ADMINISTRATION Vs. RAM MULCHAND LALWANI

JUDGEMENT

(1.) In this petition under Section 482 of the Code of Criminal Procedure the Delhi Administration has prayed for the expunction of certain remarks contained in the order dated 5th May, 1980 of Shri S. M. Aggarwal, Additional Chief Metropolitan Magistrate, New Delhi granting bail to the respondent.

(2.) On 14th April, 1980 an F. I. R. 215 was registered with the Police Station Parliament Street, New Delhi on the report of Shri G. R. Gupta, Watch & Ward Officer, Lok Sabha, Parliament Street, New Delhi for offence alleged to have been committed by the respondent under Section 307 I. P. C. and 27 Arms Act. In the.said F. I.R it was, inter alia stated that the incident in question took place at about 9.45 a.m. At that time the Prime Minister, after having garlanded the portrait of Dr. Ambedkar in the Parliament House Estate, was returning to her car when an object was thrown by the respondent who was sitting in the audience. The respondent was then over powered. It is further alleged that the said act of the respondent amounted to an offence under the Indian Penal Code and under Indian Arms Act for making an attempt on the life of the Prime Minister and possessing the said object, which happened to be a spring actuated knife, unauthorisedly. The respondent was taken in custody on 14th April, 1980. His statement was recorded by the police in which the respondent gave names of some persons and stated that they had instigated him to commit the murder of the Prime Minister. The persons named were P. B. Ramchandwani, S. P. Sharma, Radhakrishan, Atma Ram Ghandwani, K. B. Lalwani and V. P. Sharma. These persons were arrested by the Baroda Police on 15th April, 1980 and the Delhi Police re-arrested them on 16th April, 1980 and 3ecured their police remand upto24th April, 1980.

(3.) It appears that thereafter a Special Leave Petition was filed in the Supreme Court being S. L. P. (Criminal) No. 1203 of 1980 and by an order dated 24th April, 1980 the petitioner, therein, namely, the accused who were arrested in Baroda) were ordered to be released on bail and were directed to present themselves before the Chief Judicial Magistrate in Baroda on 24th April, 1980. The Delhi police filed another application for remand on 25th April, 1980 and in the said application an order dated 1st May, 1980 was passed by the Chief Judicial Magistrate, Baroda which contained certain remarks and observations which were regarded as objectionable by the Delhi Administration. Against the said order dated 1st May, 1980, a petition under Section 482 was filed in the High Court of Gujrat which, vide order dated 3rd June, 1930, allowed the said petition and expunged certain remarks from the aforesaid order dated 1st May, 1980.