STATE Vs. RAM SARUP SABHARWAL

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred as the Code') has been filed on behalf of the State against two orders dated 18th July, 1989 and 3rd August, 1989 passed by Shri P. R. Thakur, Addl. Sessions Judge, New Delhi summoning Shri Ved Marwaha, former Commissioner of Police and Shri Vijay Karan, present Commissioner of Police as defence witnesses at the request of the respondent accused. The accused-respondent is facing trial under Sections 3, 5 and 9 of Official Secrets Act (hereinafter referred as 'the Act') read with Section 120-B of the Indian Penal Code. The prosecution examined 44 witnesses. Thereafter the statement of the accused-respondent was recorded under Section 313 of the Code. Then he filed a list of 22 witnesses on 15th July, 1989 whom he wanted to examine in defence. On 17th July, 1989 he suggested the names of the witnesses Mr. Ved Marwaha and Mr. Vijay Karan to be added in the list of defence witnesses.

(2.) The grievance is that the defence did not spell out the purpose for which these two senior police officers were to be summoned and examined as defence witnesses. Further that no reason has been given by the learned trial court as to how the evidence of these two witnesses was relevant or necessary because they had not taken any part in the investigation; m this case against the respondent-accused.

(3.) This application has been strongly opposed on behalf of the respondent-accused and I have heard arguments advanced by Shri G. Ramaswami, Addl. Solicitor General of India for the State and Shri P. N. Lekhi for the respendent-accused.