DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are seeking their bail in case F.I.R. No. 242 dated October 26, 1985, registered under sections 302/34 I P.C. in Police Station Kathunangal. Distt Amritsar, on the ground that their fundamental right to a speedy trial under Article 21 of the Constitution is deliberately being thwarted by the prosecution or the police agency by confining them in Nabha Jail, i.e., a jail notified by the State Government under section 268, Cr. P.C. It is not in dispute that the petitioners who were arrested on October 28, 1985, in the above noted case were initially in Central Jail, Amritsar and were facing their trial in the Court of Additional Sessions Judge. Amritsar. Charge against them was framed on March 14, 1986 and the date for the recording of the evidence was fixed for July 3, 1986. However, on April 17, 1986, they were ordered to be transferred by the Inspector General of Police (Crime) Punjab to the District Jail, Nabha, on the ground that they were dangerous under trial extremists. A copy of this order with the relevant extract concerning the petitioners had been produced before me today and is marked as Exhibit A.I. I have put it to the State counsel as to what is the material with him or with the authorities to show that these petitioners are in any way concerned with any extremist or terrorist activity as envisaged by the Terrorist and Disruptive Activities (Prevention) Act, 19.85. THE learned counsel very fairly and frankly concedes that but for the present case there is no other case or material on the basis of which the petitioners could be styled as terrorists as envisaged by the above noted Act. Besides this, as per the direction contained in my order dated January 21. 1987, an affidavit of Mr. Gurdanhan Singh Gill, Superintendent, District Jail, Nabha, has been filed by way of reply to this petition in which the reason for the transfer of the petitioners from Central Jail, Amritsar to District Jail. Nabha, has been stated to be on administrative grounds-a ground materially different from the one which is now disclosed by the learned counsel for the State in the light of the order Exhibit A I. It also deserves to be pointed out here that the Additional Sessions Judge, while denying bail to the petitioners vide his order dated November 25, 1986; had made the following observations in this regard: THEre is no denying the fact that the trial of the applicants is being delayed because they have been shifted to District Jail, Nabha since the month of April, 86 and have been lodged there with no arrangement for the production in this Court and probably no other Court. A notification bas been issued under section 268 of the Code of Criminal Procedure by the State Government who has made no arrangement for their trial at Nabha or elsewhere and for transfer of this case to such a Court. State is practically holding them in communication THE learned counsel for the applicants has argued that the applicants are not extremists and. are not involved in any other case. If so, it is for the State Government to explain how they have been defined as the hardcore extremists. THE present case does appear to be a case of an ordinary murder. However, I am reluctant to release the applicants on bail even though their trial is being delayed due to inaction and apathy of the State Government because there are the two principal accused and caused the injuries to the deceased with spears and sua and it remains to be determined at the trial as to which of them caused the fatal injuries. In the light of the facts stated above it is patent that the petitioners have been confined to the Nabha Jail only with a view to check the-progress of their trial in the Court of the Additional Sessions Judge, Amritsar. THEy are not being produced in that Court for no rhyme or reason. This lawlessness on the part of the lawful authorities deserves to be condemned in the strongest possible terms.

(2.) IN the given facts and circumstances of the case, however, I feel that the petitioners may not be released on bail but a direction to the respondent authorities to transfer them back to the Central Jail, Amritsar, forthwith, would serve the ends of justice. It therefore, direct these authorities to transfer these two petitioners from Nabha Jail to Central Jail, Amritsar without any undue loss of time so that their trial may have the normal course. Order accordingly.