RANJAN DWIVEDI Vs. STATE OF DELHI

JUDGEMENT

(1.) This order shall decide the three abovesaid applications moved by appellant Sudevanand. Application Crl.M.No. 5786/1997 was moved by appellant Sudevanand, an Avdhoot in the Anand Marg Sect on 22.10.1997. The appellant was involved in bomb blast case, which killed L.N. Mishra at Samastipur on 02.01.1975 as well as in the present case, where the appellant was indicted along with others, for attempt to kill the then Chief Justice of India on 20.03.1975. During emergency, Anand Marg was banned. It is alleged that due to abovesaid cases, the emergency was imposed by the ruling party.

(2.) Vikram, PW1, is a common approver in both the above said cases. The appellant was convicted on the basis of his statement. Vikram retracted his statement on 30.09.1978, which was recorded by the Jail Superintendent Danapur Jail, Patna by the order of Bihar Chief Minister. In his retracted confession, he gave a detailed statement as to how he was tortured by CBI to make false statements in both the above said cases. It is averred that the Supreme Court, vide its order dated 17.12.1979, without expressing any opinion on merits of the case, transferred the Samastipur case to Delhi. Vikram's transcript version of his retracted testimony has been placed on the record. The statement of H.L. Ahuja, Investigating Officer, PW151, reveals that he was cross-examined on the retracted testimony in the L.N. Mishra's case. In the retracted confession, Vikram has disclosed that certain parts of the conspiracy were common to both the cases. Although, the appellant was entitled to have joint trial of both the cases under Section 219 Cr.PC, yet, due to various facts including wide publicity, political situation, adamant nature of CBI and the prevailing internal conditions of the country, appellant could not get the benefit of joint trial. The statement given by Vikram in Samastipur case is contradictory to the facts stated in this case. Under these circumstances, it has been prayed that the retracted testimony of approver Vikram, affidavits of officials of Bihar Government and inquiry report of Former Justice Mr. V.M. Tarkunde, should be summoned from the Sessions Court pending in Delhi.

(3.) The second application CM No. 5700/1998 dated 16.09.1998 is under Section 391 Cr.P.C read with Section 482 Cr.P.C and Article 21 of the Constitution of India for recalling Vikram and recording his evidence. It is prayed that in the interest of justice appellant should be permitted to cross- examine him under Section 145 of Indian Evidence Act and to lead additional evidence.