M V THOMAS Vs. S I T STATE SPECIAL INVESTIGATION TEAM RAJIV GANDHI MURDER CASE SPECIAL COURT POONAMALLEE

JUDGEMENT

(1.) INVOKING the inherent power of this Court under Sec. 482 of the Criminal Procedure Code, permission has been sought for by the petitioner to attend the proceedings of the Court of Special Judge, poonamallee, in which the trial is going on by virtue of Secs. 482 and 327 of criminal Procedure Code.

(2.) THE brief facts which lead to the filing of this petition may be stated as follows: THE petitioner Mr. M. V. Thomas who is a retired Director general of Police of Slate Andhra Pradesh has claimed certain facts known to him out of the personal enquiry and investigations conducted by him voluntarily about the circumstances and the cause or reason by which the former Prime ministers of India, Sri Lal Bahadur Sastri and Smt. Indira Gandhi were assassinated and by so claiming he also expressed certain grievances about the investigation made in the assassination of the former Prime Minister of India thiru Rajiv Gandhi and the consequent investigation made thereon charge sheeted against several accused and the designation of Special Court for the trial of the said cause under the Terrorist and Disruptive Activities Act, following the commencement of the trial in a specially constituted court at Poonamallee and accordingly the trial is going on.

(3.) BEFORE proceeding further and to discuss the facts in hand it has become necessary for me to advert it to the legal aspects of involved in this case. Sec. 16 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 prior to the amendment introduced there to read like this: "16. Protection of witness: (1) Notwithstanding anything contained in the Code, all proceedings before Designated Court shall be conducted in camera: Provided that where the Public Prosecutor so applies, any proceedings or part thereof may be held in open court. (2) A Designated Court may, on an application made by a witness in any proceedings before it or by the Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of any witness secret. (3) In particular, and without prejudice to the generality of the provisions of Sub-sec. (2) the measures which a Designated court may take under that sub-section may include: (a) the holding of the proceedings at a place to the decided by the Designated Court: b. the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public. c. the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed: d. that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner. (4) Any person who contravenes any direction issued under sub-sec. (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.