GIAN SINGH Vs. STATE (DELHI ADMINISTRATION)

JUDGEMENT

(1.) 1. By this petition Gian Singh and three others, who are in judicial custody having been arrested in connection with the murder of Nirankari Chief Baba Gurbachan Singh and his body -guard Pratap Singh have challenged the propriety of the proceedings under S. 167 of the Cr.P.C. conducted by Shri Dinesh Dayal, Metropolitan Magistrate on July 25, 1980, in Central Jail, Tihar. The petitioners are seeking two reliefs : first, quashing of the order passed by the State under S. 268 of the Code, and secondly, directions that for extension of remand they be produced in open Court. The plea is that the remand proceedings are judicial proceedings and have to be conducted in an ordinary Court room in accordance with the provisions of S. 327 of the Code. The said Sec. reads as follows : -

(2.) ADMITTEDLY in the present case the State Government has not exercised its power as envisaged under S. 268 of the Code empowering it to direct that the four accused shall not be removed from the Central Jail, Tihar. The learned counsel for the respondents, Shri D. C. Mathur, submits that the request made by the Delhi Administrative vide its letter of July 23, 1980 (Annexure 'A') and the administrative order passed by this Court resulting in deputing of the learned Metropolitan Magistrate holding his Court in Central Jail, Tihar are in accordance with the Rules and Orders of the Punjab High Court (as applicable in Delhi). In support of his contention he relies on Delhi Gazette Notification dated the 3rd September, 1975, whereby Para. 5 of Chap. 1 -A, High Court Rules and Orders, Vol. III, was amended which, according to him, enables the High Court to direct a Magistrate to hold his Court in jail premises. The said Notification is reproduced as under :

(3.) ACCORDING to Mr. Mathur, the said administrative order dated July, 24, 1980, amounts to grant of a sanction as required in the said notification permitting the Magistrate to exclude the public by holding his Court in Central Jail, Tihar.