STATE OF BIHAR Vs. SIMRANJIT SINGH

JUDGEMENT

(1.) This application under S.482 of the Cr. P.C. has been filed on behalf of the State of Bihar, for quashing an order passed by the Special Judge, separating the trial of the accused-opposite party for offences under Ss. 165-A and 165-A read with S.34 of the Penal Code from offences under Ss.121-A, 124-A and 120-B of the Penal Code and directing that offences under Ss.121-A, 124-A and 120-B be separately tried.

(2.) It is the case of the prosecution that in the night of 29-11-1984 the Security Police Patrol on duty near Jogbani Check-Post, noticed a jeep speeding towards Indo Nepal border. Apprehending that criminals or anti social elements might be inside the jeep, a signal was given to stop. When the jeep stopped five Sikhs were sitting with their faces covered. Enquiries were made about their identification but when none of them divulged their names and the purpose of their going to Nepal they were taken to Jogbani Check-Post. One of the officers on duty identified one of them as Sardar Simranjit Singh Mann, Opposite Party No. 1, who had been dismissed from the Indian Police Service. An order of preventive detention under the National Security Act had been made against him on 28th Aug. 1984, but the detention order could not be served as he had gone 'underground'. The Special Branch, Patna had informed the officers posted at the Check-Post that the passport of aforesaid Sardar Simranjit Singh Mann dt. 1-1-1980 had been confiscated and his movement outside India had been banned. The five occupants in the jeep were searched as also their luggage. As a result of the search, a number of documents were seized. From the person of Simranjit Singh Mann, a copy of letter dt. 2nd June, 1984 addressed by Simranjit Singh Mann to the Chief Secretary, Punjab, a copy of the letter of resignation dt. 18th June, 1984 of Simranjit Singh Mann, the passport of Simranjit Singh Mann, two photographs of Jarnail Singh Bhindhrawale, a letter from Simranjit Singh Mann to Birbal Nath, a letter addressed to one Arun Kumar Agarwal asking him to help the bearer of the letter and an anonymous letter warning Simranjit Singh Mann of likely attempts to liquidate him and advising him to leave the country were seized. It is said that during search, a booklet in English 'Simranjit Singh Mann, I.P.S. likely to meet the fate of S. Kapur Singh, I.C.S.', written by Narendra Singh Bullers, containing anti Government and Sikh separatism propaganda and one register in which Shri Simranjit Singh Mann is said to have written the history of Amritsar, in which Indian Army has been described as "enemy" on account of operation blue star and extremist Sikhs have been described as 'nationalists' and 'defenders' of the mother land, are said to have been recovered, apart from other documents. From accused Jagpal Singh's suitcase, a booklet in English entitled 'Sikhs and Foreign Affairs' and a combined road map of India, Pakistan, Bangladesh, Shri Lanka and Nepal were seized. As the documents were connected with anti national activities the accused-opposite party were arrested. After arrest one of the accused-opposite party Kamikar Singh offered a bribe of Rs. 25,000/- for allowing them to proceed to Nepal. It is alleged that thereafter aforesaid Kamikar Singh opened a bag lying in the jeep and offered a higher amount. The bag was seized and from that Rs. 62,722/- was recovered. 2A. Cognizance had been taken by the Special Judge on the basis of charge-sheet in accordance with the provisions of the Criminal Law Amendment Act, 1952, not only of offences under S.165-A read with S.34 of the Penal Code but also of offences under Ss. 121-A, 124-A, 153-A, 153-B, 505 and 120-B of the Penal Code. But at the stage of framing charges under the aforesaid sections, a prayer was made on behalf of the accused persons that the trial under Ss. 165-A and 165-A read with Section 34 of the Penal Code be separated from the trial for offences under Ss.121-A, 124-A and 120-B of the Penal Code as those offences had not been committed in course of same transaction.

(3.) The Special Public Prosecutor purporting to act on behalf of the State filed a petition saying that there was sufficient material for framing charge under S.165-A of the Indian Penal Code against the accused Kamikar Singh and a charge under S.165-A read with Section 34 of the Penal Code against the remaining four accused-opposite party. It was further stated in the said petition that although there was also evidence to justify framing of the charges under Ss.121-A, 124A, 153-A, 153-B, 505 and 120-B of the Penal Code against all the accused persons, but as the offences under Ss. 165-A and 165-A read with Section 34 of the Penal Code were not committed in course of the same transaction with the offences under Ss.121-A, 124-A, 120-B and others, the accused persons be tried separately for offences under Ss. 121-A, 124-A, 153-A, 153-B and 505 read with S.120B. The Special Judge, by his impugned order dated 9-8-86, upheld the stand taken on behalf of the accused persons as well as by the Special Public Prosecutor on behalf of the State that all the offences has not been committed in the course of same transaction and, therefore, the trial for the offences under Ss.165-A and 165-A read with Section 34 be separated from other offences. The learned Judge further held that he was not competent to try offences under Ss.121-A and 124-A etc. as the case had not been committed to the Court of Session. In regard to those offences the learned Judge directed that the records be sent back to the District and Sessions Judge, Purnea for proceeding further in accordance with law.