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1980 Supreme(SC) 249

O.CHHINNAPPA REDDY, V.R.KRISHNA IYER
Rajender Kumar Jain: Manohar Lal: Attorney General For India – Appellant
Versus
State Through Special Police Establishment: Bansi Lal: State Of Haryana – Respondent


Advocates:
A.G.NOORANI, A.K.PANDEY, A.N.Karkhanis, A.Subhashini, C.B.SINGH, HEMANT SHARMA, HEMANTIKA VATII, K.M.JAISWAL, LAL NARAIN SINHA, M.B.BANERJI, M.C.BHANDARE, M.N.SHROFF, P.H.Parekh, P.H.PARIKH, R.B.DATAR, RAJ PANJWANI, RAJAN KARANJAWALA, RAM JETHMALANI, RAM PANJWANI, Ranjan Dwivedi, Sunanda Bhandare, SUSHMA SVARAJ, T.SHRIDHARN, T.U.Mehta, V.M.TARKUNDE, VIJAY PANJAVANI, VINIETA COPRIHAN

JUDGMENT

CHINNAPPA REDDY, J.:— A cocktail of law and politics, reason and caution extravagance is the only way we can describe the submissions made to us in these two cases. Well known personalities are involved, in one case an Ex-Central Minister, the present Governor of a State and some leading journalists, and in the other, an ex-Central Minister, and a host of Government officials- perhaps that was responsible for the passion and the tension which appeared to characterise and sometime mar the arguments in the two cases.

2. We will first take up for consideration Criminal Appeal No. 287 of 1979.

3. In exercise of the powers conferred by S. 196 (1) (a) of the Code of Criminal Procedure 1973, and S. 7 of the Explosive Substances Act, 1908, the Government of India by its order dated September 6, 1976 accorded sanction for the prosecution of George Mathew Fernandes alias George Fernandes and 24 others for alleged offences under Ss. 121-A, Indian Penal Code, 120-B, Indian Penal Code read wit Ss. 4, 5 and 6 of Explosive Substances Act, S. 5 (3) (b) and Section 12 of the Indian Explosives Act, 1884. The first paragraph of the order according sanction set out the object of the conspiracy










































































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