STATE Vs. RANJIT SINGH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short the Code) has been made by the State (Delhi Administration) whereby it is prayed that the order dated December 22, 1983 passed by Shi- P. R. Thakur, Chief Metropolitan Magistrate, Delhi, ordering the petitioner-State to produce the respondent accused Ranjit Singh in his court at Tis Hazari be set aside and that the Chief Metropolitan Magistrate be ordered to hold his court in Central Jail, Tihar for the purposes of remanding accused Ranjit Singh in custody till such time the situation becomes normal and it is possible to hold the court in the normal circumstances in Tis Hazari. After admission notice of this petition was issued to respondents accused Ranjit Singh and Central Bureau of Investigation, New Delhi (for short CBI). Ranjit Singh is the prime suspect in the case under Section 120-B read with Ss. 302/307 of the Indian Penal Codend Ss. 4/5 of Explosive Substances Act, S. 27 of the Arms Act and S. 6 of the Explosive Substances Act.

(2.) Ranjit Singh was arrested by the C. B. 1. in the Nirankari Baba murder case and was produced in the court of Shri P. R. Thakur, Chief Metropolitan Magistrate on 1-12-1983 who remanded him to magisterial custody uptil 14th December 1983. On December 1, 1983 about one thousand persons collected outside the court room of the Chief Metropolitan Magistrate but the crowd was kept at bay by the police. The C. B. 1. reported to the Chief Metropolitan Magistrate that the arrest of Ranjit Singh had created disturbance amongst Akalis and Nirankaris two factions of the Sikh community and that Ranjit Singh was under threat of extermination. On this representation of the C. B. 1. the learned Chief Metropolitan Magistrate came to the conclusion that remand proceedings in respect of Ranjit Singh ought not to be conducted in his court and that the same should be held in Central Jail, Tihar, New Delhi wherein Ranjit Singh had been lodged, and for this purpose he sought sanction of the High Court through the Sessions Judge, Delhi vide his letter dated 14-12-1983. The necessary sanction was granted by the High Court on 14-12-1983. That order of the Chief Metropolitan Magistrate had been passed only on hearing the CBI at the back of accused Ranjit Singh. Accordingly, the remand proceedings were held in the Central Jail Tihar on December 14, 1983 and Ranjit Singh was remanded to judicial custody till December 24, 1983.

(3.) Subsequently, accused Ranjit Singh made representation to the Superintendent Jail Tihar staling that his detention in the jail in the fashion it was being done by the court was illegal and that he wanted the proceedings to take place in the open court in the presence of his counsel. That representation also contained a threat from him that if he was not produced in the open court on 24-12-1983, he would resort to a hunger strike and would not produce himself before the magistrate in the jail and for all that the Government would be responsible. The counsel for Ranjit Singh also made an application dated December 20, 1983 before the Chief Metropolitan Magistrate praying fora fair trial by producing him in open court so that he could be benefitted by the services of his advocate. Ranjit Singh also asserted the existence of his fundamental right of a fair trial as also to be defended by a lawyer of his own choice. It was also pointed out that his counsel had refused to attend the remand proceedings being held in Tihar Jail.