STATE OF DELHI Vs. RANJIT SINGH

JUDGEMENT

(1.) This order shall dispose of the petition moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) by State (Delhi Admn.) seeking the quashing of the order dated 29-2-1984 passed by Shri P. R. Thakur the learned Chief Metropolitan Magistrate, Delhi whereby accused Ranjit Singh who is the prime accused in this case under Section 120-B read with Sections 302/307 of the Indian Penal Code and Sections 4/5- of the Explosive Substances Act, Section 27 of the Arms Act and Section 6 of the Explosive Substances Act for the murder of ihe Nirankari Baba, was ordered to be produced from Central Jail Tihar, Delhi (for short the Jail) in his court at Tis Hazari for the purpose of the enquiry/committal proceedings in this case.

(2.) The remand proceedings in regard to accused Ranjit Singh were held by the learned C.M.M. in the jail in compliance with the order dated 6-1-1984 passed in Cr1. M. (M) 1161 of 1983 by the Delhi High Court (judgment delivered by me) on a similar petition of the State (Delhi Admn.) for quashing the earlier order dated 22-12-1983 of Shri P. R. Thakur learned C.M.M. ordering the production of accused Ranjit Singh in his court at Tis Hazari for the purpose of remand proceedings.

(3.) Accused Ranjit Singh was arrested on 24-11-1983 in the aforesaid case of the murder of Nirankari Baba by the CBI. On 1-12-1983 about 1000 persons collected outside the court room of the C.M.M. but the crowd was kept at bay by the police. Having been informed by the CBI in writing that the arrest of Ranjit Singh had created disturbance amongst the two factions of the Sikh community. i.e. Akalis and Nirankaris and Ranjit Singh was under threat of extermination, the learned C.M.M. came to the conclusion that the remand proceedings in respect of Ranjit Singh ought not to be conducted in open court and that the same should be held in Central Jail, Tihar, Delhi wherein Ranjit Singh had been lodged, and for this purpose he prayed for sanction of the High Court through the Sessions Judge, Delhi and the necessary sanction was granted by the High Court vide its order No. 55/Gaz./VI.E.2(a)(Crl.) dated 14-12-1983 and consequently remand proceedings were held by the learned C.M.M. in the jail on one hearing only, i.e. on 14-12-1983.