NATIONAL INVESTIGATION AGENCY Vs. AMRITPAL SINGH

JUDGEMENT

(1.) The present is a petition filed under Sec. 407 read with Sec. 482 of the Code of Criminal Procedure seeking transfer of trial in case No. RC-20/2019/NIA/DLI dtd. 23/9/2019, FIR No. 280 dtd. 5/9/2019, under Ss. 120-B/153-A IPC, Sec. 13/18/18A/18B/20/23 of Unlawful Activities (Prevention) Act, 1967 and Ss. 3, 4 and 5 of Explosive Substances Act, 1908, Police Station Sadar, Tarn Taran, District Tarn Taran, which is pending before the Court of learned Additional Sessions Judge/Children's Court, Tarn Taran.

(2.) The Courts of all the Sessions Judges and Additional Sessions Judges at each district headquarter in the State of Punjab (except the Additional Sessions Judges (Adhoc), Fast Track Courts) have been designated as Children's Court in exercise of powers conferred by Sec. 25 of the Commissions for Protection of Child Rights Act, 2005, vide notification dtd. 10/9/2013 issued by the Department of Home Affairs and Justice, Punjab.Facts of the case

(3.) One FIR No.280 dtd. 5/9/2019 was registered under Sec. 304 IPC and Ss. 4 and 5 of Explosive Substances Act, 1908 at Police Station Sadar, Tarn Taran on the basis of information received by the police party who were present at Kad Gill Chowk, Bagarian at about 19:45 hours that a powerful explosion took place at a vacant plot in the outskirts of Village Pandori Gola, Police Station Sadar Tarn Taran, Punjab while deceased accused Bikkar Singh @ Vikram @ Vicky, Harpreet Singh @ Happy and Gurjant Singh were digging a pit to retrieve explosives which were buried in the said plot. It was due to the impact of digging tools on explosives contained in a plastic container that the explosion had taken place which resulted in the death of Bikkar Singh and Harpreet Singh who died on the spot whereas the other co-accused Gurjant Singh was seriously injured and lost vision of both eyes. The aforesaid injured Gurjant Singh was admitted in Guru Nanak Dev Hospital by other co-accused Harjeet Singh @ Harjit whose house is located near the place of incident and allegedly he had provided spade (Kai) for digging out the explosives. Thereafter, the National Investigation Agency (hereinafter referred to as 'NIA') re-registered the case as RC-20/2019/NIA/DLI in compliance of the orders received vide F.No.110-11/47/2019/NIA dtd. 20/9/2019 from the Ministry of Home Affairs, Government of India and took up the investigation of the case. During the investigation by the NIA, the present respondent who was a juvenile at that time was nominated on the ground that he was also associated with the other co-accused and they had performed a gang. As per the allegations, the respondent and the other coaccused and they had formed a gang came into contact with each other in the year 2015 during protest organized by them against sacrilege incident of Shri Guru Granth Sahib Ji and formed a terrorist gang due to similar religious thoughts and thereafter they started meeting at Amritsar and Tarn Taran. They were allegedly planning to carry out violent acts against the members of a particular community and, therefore, they procured explosive materials and training was given by one of the members of the gang for making bombs. They had planned to target Dera of Divya Jyoti Jagran Sanstha founded by Ashutosh Maharaj in the night hours of 4/9/2019. As per investigation, the respondent was also related with one of the co-accused and he came into contact with the other co-accused during participation in various agitations and protests and had also conspired with the other coaccused for planning to carry out terrorist attacks by causing explosion. As per the allegations, the respondent alongwith co-accused was also nursing intent to spread disharmony to de-stablize the Security, Integrity, Unity and Sovereignty of India and was part of the conspiracy to target Muradpura Dera (DJJS, Tarn Taran).