JACOB RAI (KHALING) Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard.

(2.) Adverting to the allegations made out in the FIR against the Petitioner, his Counsel in the first instance denies that the offence was at all committed by the Petitioner. That, assuming but not admitting that such an offence had been committed, no physical injury was caused to the Officers named in the FIR being Senior IAS Officers of the Government of Sikkim who for their part have not lodged any joint or individual FIR in connection with the incident, but has been lodged as an afterthought by the Station House Officer, Sadar Police Station, who was present at the place of occurrence, although no arrests were carried out at the spot. That, he is the General Secretary of the principal Opposition Party in Sikkim, i.e., Sikkim Krantikari Morcha (SKM), and he along with his party members had expressed solidarity with former students of the Institute of Technology and Future Trends (ITFT), Chandigarh, who are agitating their demands in view of the nonrecognition of their Degrees by the University Grants Commission, making them ineligible for higher studies, apart from which he has been raising issues on corruption in Sikkim. A meeting was held on 21-09- 2016 in the Conference Hall at Manan Kendra, Gangtok, with the Chief Secretary of the Government of Sikkim and the two Officers named in the FIR, on conclusion of which the students demanded copies of the minutes of the meeting, which were denied to them. The students thus started raising slogans on which the Police intervened and forcibly removed them out of the Conference Hall and took them to Sadar Police Station. It is urged that the Petitioner at no time manhandled any of the officials present, this being evident from the fact that although the Police were present at the Manan Kendra, the Petitioner was not arrested despite the alleged offence. The acts of the Police officials are violative of the provisions of the fundamental rights enshrined in Articles 19 and 21 of the Constitution of India. That, presently he is admitted in the Central Referral Hospital (CRH), Tadong, Gangtok, and undergoing treatment. That, he is a permanent resident of Village Chumbung, Naya Bazar, West Sikkim, and apprehending arrest in connection with FIR dated 21-09-2016 under Sections 353/341/34 of the Indian Penal Code, 1860 (for short "IPC") lodged by PI Bijay Subba, Station House Officer of the Sadar Police Station, Gangtok, following which Sadar Police Station Case bearing No.330/2016 dated 21-09-2016 has been registered against him. He undertakes to cooperate with the Police in the investigation and that he is available at the Hospital for any information required from him. It is prayed that this Court pass an order granting anticipatory bail. To fortify his submissions, reliance was placed by Learned Counsel on the following decision;

(3.) Vehemently objecting to the submissions of Learned Counsel for the Petitioner, it was countered by Learned Additional Public Prosecutor that, the Petitioner is only seeking to draw political mileage of the entire situation as he is a member of the Opposition party and is inclined to give any agitation a political colour which likely will lead to a law and order situation. That, the Petitioner had indeed committed the offence alleged in the FIR and custodial interrogation of the Petitioner is required as otherwise it is likely that he would tamper with witnesses. Apart from that, the I.O. has to delve into questions of (i) whether the demand of the minutes of the meeting was made by the students or by the Petitioner (ii) whether the Petitioner was present at the meeting with the consent of the students or of his own accord and, (iii) ultimately the larger interest of the public has to be taken into consideration as a law and order situation could arise. That, presently there is a Criminal Case pending against the Petitioner in the Sessions Court, South District at Namchi, thereby indicative of the fact that he is a habitual offender. He relies on Bhagirath vs. State of Madhya Pradesh, 1981 Supp1 SCC 70 and K. K. Jerath vs. Union Territory, Chandigarh and Others, 1998 4 SCC 80 and prays that this Application be rejected and dismissed. A copy each of the Section 161 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), statements of the Officers alleged to have been the victims have also been submitted before this Court.