RAM LALWANI Vs. STATE

JUDGEMENT

(1.) A knife was thrown at Smt. Indira Gandhi, the Prime Minister of India, on April 14, 1980, while she was returning from a function, but fortunately, the missile missed its target. The petitioner was arrested on the spot because it was alleged that it was he who did so. When he was produced before the Magistrate on April 15,1980, for remand, Shri R. L. Panjwani came forward to appear on his behalf and moved an application for medical examination of the accused that he was badly beaten by the police and directions be made for medical examination by a registered medical practitioner of his choice. The Magistrate directed that he be so examined if he paid the requisite fee for the services of a medical practitioner. The accused offered a fee of Rs. 25.00 to the S. H.O., Parliament Street, but he declined to accept.

(2.) On April 16, 1980, he moved an application that in view of S. 54 Cr. P. C., he could not be asked to pay the medical fee. On that day, the accused was also taken to Baroda in connection with investigation. The learned Magistrate accepted the application on April 17, 1980, and directed that the accused be examined forthwih by a civil surgeon of the place where the accused is currently lodged. The accused appears to have been examined by a medical officer since then. Shri Panjwani moved the same day yet one more application that in view of the decision of the Supreme Court in Smt. Nandini Satpathy v. P. L. Dani and another, A. 1. R. 1978 S. G. 1025, the police be directed to allow him to be present by the side of the accused at the time of interrogation. He gave his telephone number and address and offered to be available at a short notice, whenever the police informed him that questioning was to take place. The learned Magistrate rejected this request on the ground that according to the said decision of the Supreme Court, it is the accused who alone can make such a demand and not his advocate.

(3.) The accused has moved this application under S. 482 Cr. P. G. with the prayer that the aforesaid orders of the Magistrate be quashed and strictures be passed against him. He orally submitted that this court may direct that the counsel be allowed to be present at the time of interrogation, arguments.