AATHIRAI Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) In respect of the transaction that took place on 21.5.1992 at Sriperumpudur in which our lamented former Prime Minister Rajiv Gandhi was gruesomely done to death, a case in Cr. No. 329 of 1991 had been registered by the Station House Officer, Sriperumpudur on 22.5.1991. The Government of India, it is said, passed an order in Notification No. 228/28/91-AVD . II dated 23.5.1992, transferring the investigation in respect of the said transaction to the Central Bureau of Investigation in pursuance of the notification issued by the Government of Tamil Nadu which is as follows:

(2.) After transfer, investigation had been taken up by the Central Bureau of Investigation (in short 'C.B.I') on 24.5.1991 and a case had been registered by them as R.C. No. 9 of 1991. Thereafter, relentless investigation, it is said, had been undertaken by them. One, Aathirai, it is said, had been arrested by the C.B.I, on 4.7.1991 at Delhi and she had been produced before the Chief Metropolitan Magistrate, New Delhi and police custody had been obtained for a specified period and thereafter she had been produced before the Designated Court at Madras on 2.8.1991. Thereafter, time and again, it is said, she had been produced before the Designated Court for the extension of her remand. She, it is said, had given a voluntary confession statement to the Superintendent of Police, C.B.I., on 29.8.1991 under Section 15 of the Terrorist and Disruptive Activities Act.,

(3.) On 5.3.1992, she was stated to have filed an affidavit in M.P. No. 204 of 1992 riesling from the confession statement she had made before the Superintendent of Police, C.B.I. On 2.4.1992, she filed an application in Crl.M.P. No. 1000 of 1992 on the file or the Chief Judicial Magistrate, Chengalpattu, impleading the Deputy Superintendent of Police, C.B.I., Mallikai, Madras as Respondent, praying for her statement to be recorded under Section 164 of the Criminal Procedure Code. In that application, apart from riesling her confession statement made before the Superintendent of Police, C.B.I., she had also stated that certain important people belonging to the All India Congress Commit tee were the brain behind the entire operation of murder of our late lamented former Prime Minister. Learned Chief Judicial Magistrate, Chengalpattu, after hearing the arguments of both sides, dismissed the application by order dated 28.5.1992. Aggrieved by the said order, Aathirai preferred this Criminal Revision case No. 209 of 1992 on the file of this Court.