BHAGWAN SINGH MOKAL Vs. UNION TERRITORY

JUDGEMENT

(1.) BHAGWAN Singh Mokal was apprehended in case FIR No. 101 of 1992 registered in Police Station, Central, Sector 17, Chandigarh under Sections 124A, 153A of the Indian Penal Code, 25, 54 and 59 of the Arms Act and 3, 4 and 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987. According to the F.I.R. the Chandigarh Police had information that the petitioner was indulging in extremists activities in Chandigarh, Haryana and Punjab and he supplies arms and communication to the terrorists and also spreading anarchy by holding anti-India meetings. On March 12, 1992, according to the information, the petitioner was holding a meeting at the Green Garden situated in the Rose Garden and was having arms and ammunition with him and planning the whole-sale murders of Hindus in Chandigarh. The petitioner was apprehended in the meeting where he was stated to be demanding a free Sikh Raj and asserting that he had no faith in Brahminism and the Constitution of India. He also raised the slogans of Khalistan and Bhindrawala Jindabad.

(2.) THE petitioner through Crl. Misc. No. 17644-M of 1993 approached this Court to seek quashing of the F.I.R. and the resultant proceedings on the ground that the case under the Arms Act has been deleted and that the F.I.R. does not disclose any offence and when the raid was conducted, he was alone and nothing was recovered from him.

(3.) I have heard Mr. P.S. Hundal, Advocate on behalf of the petitioner and Mr. Ajai Lamba, Advocate on behalf of the U.T. Administration.