PAHALMAN SUBBA Vs. STATE

JUDGEMENT

(1.) This application under section 561- A of the Code of Criminal Procedure, 1898 was received from Jail on 8.6.87 from the petitioner. Shri Pahalman Subba for quashing the proceedings of Criminal Case No.1 of 1917 of the court of the Judicial Magistrate, East and North Sikkim, instituted on the basis of a police challan under section 309 of the Indian Penal Code. The case was fixed for motion hearing on 9th June, 1987 when, with the consent of both the parties, the full hearing took place, and immediately thereafter, a brief order was passed quashing the aforesaid proceedings for reasons to follow. The last paragraph of the order reads as under:

(2.) Now we proceed to give our reasons.

(3.) The petitioner is an educated political and social figure of the State of Sikkim. Academically, he is M.A. (English) and B. Ed. He was awarded Hon. Doctorate of Science in 1983. He started his career as a teacher and worked as District Education Officer, Assistant Education Surveyor Officer and Asstt. Education Officer, Text Book and took active part in 1973 Sikkim Revolution to bring about democracy. He belongs to the backward Limboo community of Sikkim and is the President of many Social Registered bodies. He was a member of Parliament (Lok Sabha) from 1979 to 1984. He was "Convenor of North East Region including Andaman Nicobar Islands, Member of backward Commission-Sikkim State." He was one time Education Minister in the State of Sikkim. He has been holding the post of Vice President, Sikkim Pradesh Congress Committee since 1982. As a protest against the nonfulfilment of certain demands of the Pradesh Congress, the Congress workers decided to proceed on hunger strike from 17th May, 1987, initially for a period of 36 hours and the petitioner was one of participants in the said strike. The strike commenced on 17th May, 1987 at 12 noon and was to end on 18th May at 12 midnight. Before starting the hunger strike, a notice about the intended strike had been given to the District Collector. North District in order to give an opportunity to the government to settle the matter and also to ensure that the administration might make necessary arrangements for medical facilities and security. The hunger strike programmer showed that the strike was to be in three phase and the first phase was to start on 17th May 1987 at 12 noon for 36 hours, the second phase was to start on 20th May, 1987 at 12 noon for 72 hours and the third was to be for an indefinite period accompanied by processions, rallies and slogans etc., till the demands were met. By a letter dated 18th May, 1987, the District Magistrate was requested to provide a doctor at the venue of the strike to attend upon the petitioner since he was suffering from a slight blood pressure problem mentioning there it that the petitioner was not willing to be admitted in the hospital and if he was forcibly taken to the hospital, his blood pressure might aggravate. On that very day, that is, 18th May, 1981, the petitioner was examined at 12 noon when his blood pressure was recorded at 190/120 mm Hg. Subsequently, on the same day at 6.15 p.m. his blood pressure was found to be 180/110 mm Hg. The doctor advised him to discontinue the hunger strike as early as possible as there was every chance of running the risk of hypertensive complications. Thereafter, he was taken to the hospital and he went there along with some others on foot and was admitted into the hospital at 8.45 p.m. At 9.30 p.m. his blood pressure was found to be 200/120 mm Hg. There is also a note on the medical report that the last recorded blood pressure was 160/100 mm Hg. F.I.R. was drawn up against him on 18th May itself and he was discharged from the hospital on 19th May at 4 p.m. Thereafter, on the same date i.e., on 19th he was arrested by the police at about 8.00 p.m. After investigation, the police submitted a charge-sheet against the petitioner under section 309 I.P.C. mentioning the following material facts: