GIAN SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) By this writ petition certain legal questions were raised by the petitioners who were arrested in connection with the murder of Baba Gurbachan Singh, the Nirankari chief. The petitioners have since then been released under the proviso to S.167 Cr. P.C. and the writ petition only survives for consideration of two legal questions :-

(2.) On the first question, I had an occasion to examine the matter in Ram Lakwani v. Sate, Criminal Miscellaneous (Main) No. 211 of 1980, decided on April 24, 1980, and I see no reason to depart from the view taken therein then that the Supreme Court did not lay down any mandate but only suggested strongly that it would be prudent for the police to allow a lawyer where the accused wants to have one at the time of interrogation, if it wants to escape the censure that its interrogation is carried on in secrecy by physical and psychic torture. That answers the first question.

(3.) The answer to the second question pertains to an interpretation of S. 167, Cr. P.O. There is no authority available on the controversy. The provisions of this section relevant for the purpose of the present inquiry are :-