SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1992 Supreme(SC) 768

SUPREME COURT OF INDIA
Kuldip Singh : N.M.Kasliwal : P.B.Sawant
President Of India
Versus
Death Of Sawinder Singh Grover, Re
Case No. : 727 , 729 of 1992
Date of Decision : 10/21/92

Headnote:

Constitution of India 1950 – investigation - FIR is registered - It is not disputed that matter has not as yet been finally investigated- Attorney - General assisting us in this case states that he does not accept findings of report and he reserves his right to challenge same at appropriate stage - Court are of view that facts and circumstances which have now come to light create prima facie case for investigation and prosecution - Court therefore direct that all persons named in report of learned Additional District Judge and others who are accused as a result of investigation be prosecuted for appropriate offences under law by central Bureau of Investigation- Court direct CBI to ensure that an FIR is registered on facts as emanate from our order and report of learned Additional District Judge – Held, Copy of report along with all annexures be sent to central Bureau of Investigation As an interim measure by way of ex gratia payment court direct that a sum shall be paid by Union of India Directorate of Enforcement to widow deceased - In event suit being filed for compensation appropriate compensation may be determined in accordance with law after hearing parties- contentions of learned Attorney-General which he wishes to place before us at this stage should be reserved by him for an appropriate stage - In event decree to be passed sum to be paid ex gratia shall not be taken into account - Payment of rupees shall be made within three months from today- amount shall be deposited in Registry of this court and widow of deceased shall be at liberty to withdraw entire amount on identification to satisfaction of Registrar - Any observation made by us in this order will not affect investigation prosecution and trial – Appeal disposed

(1) RE : Death of Sawinder Singh Grover We have perused the report of the learned Additional District Judge, Delhi. In the conclusions he has summed up the report as under:

(I) Shri Nandays deposition contained in para 8 of his affidavit filed before Honble Supreme court regarding the circumstances leading to the death of Sawinder Singh does not appear to be truthful. It was certainly not a suicidal jump by Sawinder Singh, as propounded in the affidavit of Shri Nanday.

--- *** ---

(II) It is not possible to say precisely what went on inside room leading to the incident. There is strong suspicion of some misfeasance including torture on the part of Shri Narang and Shri Jaswant Singh whose accounts in this regard are unworthy of credit.

(III) The Officers of the Directorate had wrongfully confined Kanhiya Singh, Waryam Singh, Ram Saran and Surinder Singh in the office of the Directorate after the incident till their departure at about 4.15 a.m.

It is not disputed that the matter has not as yet been finally investigated. The learned Attorney-General assisting us in this case states that he does not accept the findings of the report and he reserves his right to challenge the same at the appropriate stage. We are of the view that the facts and circumstances which have now come to light create a prima facie case for investigation and prosecution. We, therefore, direct that all the persons named in the report of the learned Additional District Judge and others who are accused as a result of the investigation, be prosecuted for the appropriate offences under the law by the central Bureau of Investigation. We direct the CBI to ensure that an FIR is registered on the facts as emanate from our order and the report of the learned Additional District Judge. A copy of the report along with all the annexures be sent to the central Bureau of Investigation, As an interim measure by way of ex gratia payment, we direct that a sum of Rs. 2,00,000.00 (two lakhs) shall be paid by the Union of India/Directorate of Enforcement to the widow of the deceasedSawinder Singh. In the event a suit being filed for compensation, appropriate compensation may be determined in accordance with law after hearing the parties. The contentions of the learned Attorney-General which he wishes to place before us at this stage, should be reserved by him for an appropriate stage. In the event a decree to be passed, the sum of Rs. 2,00,000.00 to be paid ex gratia, shall not be taken into account. The payment of rupees two lakhs shall be made within three months from today. The amount shall be deposited in the Registry of this court and the widow of deceased-Sawinder Singh shall be at liberty to withdraw the entire amount on the identification to the satisfaction of the Registrar (Admn.). Any observation made by us in this order will not affect the investigation, prosecution and the trial. Notice is disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top