RABINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE fact giving rise to this Criminal Writ Petition under Articles 226/2Z7 of the Constitution of India are that the petitioner is a Naik Driver in the Indian Army. In an incident which occurred on 2nd March. 1986, the petitioner is alleged to have murdered one Major H. S. Chauhan and Naib Subedar V. V. Gopi and attempted to murder another Major Amar Nath by fire-arm. The petitioner was tried in General Court Martial and convicted and sentenced to life imprisonment by order dated 3-12-1986. The orders together with the relevant papers were submitted to the higher authorities for confirmation. A revisional order was passed requiring that the Court reconsider the sentence and impose appropriate sentence in the case. The General Court Martial again met for considering the revision on 21st January, 1987 and imposed inter alia the sentence of death and again the case was submitted to the confirming authority on 22nd January 1987. The confirming authority approved the order on 2nd November, 1988.

(2.) THE present petition was filed on 24th August, 1988. The grievance stated therein was that the petitioner had not been supplied copies of the orders passed in the first instance by the General Court Martial as also the revisional order passed by higher authorities and he was thus handicapped in making an effective representation. It was prayed that the respondents be directed to supply the necessary documents as detailed in Annexure P-1 without any further delay and till then, the execution of the sentence of death be suspended.

(3.) LAST time when the case was taken up Shri Mohinderjit Singh Sethi, Senior Advocate failed to turn up. The case was adjourned with a direction that the case be got noted from the counsel. Accordingly, in response to a letter issued by the Registry, Shri Harpal Singh Advocate, Junior of Shri Mohinderjit Singh Sethi appeared and the case was adjourned until today. No one has appeared. Efforts to secure the presence of the counsel by sending a messenger has proved in vain as he is not available.