PUNJAB & HARYANA HIGH COURT
R.P.Sethi and S.S.Sudhalkar JJ.
Simranjit Singh Mann Son Of S.Joginder Singh Mann
Versus
State Of Punjab
Civil Writ Petition No. 1789 of 1995,
Decided On : MARCH 27, 1995
TADA - Bail - Petitioner, an Ex. I.P.S. Officer and a former Member of Parliament, was arrested in various cases registered against him under Sections 124-A, 153-A of the Indian Penal Code and Section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). He filed a petition seeking release on bail, alleging mala-fides against the Chief Minister of Punjab and contending that the cases against him were politically motivated. The Court held that the allegations of mala-fides were vague and ambiguous and that the petitioner was not entitled to bail in the cases where he was charged with offences under TADA.
Fact of the Case:
The petitioner, an Ex. I.P.S. Officer and a former Member of Parliament, was arrested in various cases registered against him under Sections 124-A, 153-A of the Indian Penal Code and Section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). He filed a petition seeking release on bail, alleging mala-fides against the Chief Minister of Punjab and contending that the cases against him were politically motivated.
Finding of the Court:
The Court held that the allegations of mala-fides were vague and ambiguous and that the petitioner was not entitled to bail in the cases where he was charged with offences under TADA.
Issues: Whether the petitioner was entitled to bail in the cases where he was charged with offences under TADA.
Ratio Decidendi: The Court held that the allegations of mala-fides were vague and ambiguous and that the petitioner was not entitled to bail in the cases where he was charged with offences under TADA. The Court relied on the provisions of TADA and the Supreme Court judgments in Usmanbhai Dawoodbhai Memon V/s. State of Gujarat and State of West Bengal V/s. Mohammed Khalid, which held that the High Court should not interfere with the jurisdiction of the Designated Court in cases involving offences under TADA.
Final Decision: The Court dismissed the petition and held that the petitioner was not entitled to bail in the cases where he was charged with offences under TADA.
R.P.SETHI, J.
1. Alleging mala-fides against Sardar Beant Singh, Chief Minister, of Punjab, the petitioner has prayed for the issuance of a direction to the respondents for releasing him in all cases known or unknown. It is submitted that the petitioner who is an Ex. I.P.S. Officer and a former Member of Parliament has been raising number of social issues in the Court in the public interest which allegedly caused embarrassment to the Government and the head of the Government with the result that he took the matters personally and allegedly put the petitioner behind the bars on flimsy cases. It is contended that the petitioner filed a public interest litigation in this Court praying for an independent probe into the case of alleged molestation of Ms. Katia. It is submitted that in the said case the grand son of the respondent Chief Minister, was involved. It is further claimed that Gurkirat Singh who is the grand-son of the Chief Minister had to remain behind the bars for nearly two month on account of initiation of the proceedings against him by the petitioner. It is contended that the Chief Minister made a statement to the Press in New Delhi in December, 1994 declaring that the petitioner would be arrested soon. The petitioner was arrested on 5-1-1995 from Bassi Pathana and produced before the Judicial Magistrate, Fatehgarh Sahib on 6-1-1995. At that time it was disclosed that the petitioner had been arrested in FIR No. 108 dated 26-12-1994 registered at PS Sirhind under Sections 124-A, an 153 A of the Indian Penal Code and FIR No. 70 dated 13-8-1994 registered at P. S. Sirhind under Section 153-A, of I.P.C. He is also shown to have been arrested in another FIR dated 5-1-1995 registered at P. S. Sirhind for an offence under Section 506, I.P.C. and other offences. The petitioner filed a bail application for his release in FIR dated 26-12-1994 and was granted bail by the Sessions Judge, Patiala. He moved another application for bail in FIR registered against him on 5-1-1994 and 13-8-1994 in the Court of Judicial Magistrate, Fatehgarh - Sahib who also granted him bail in FIR dated 5-1-1995 but no bail could be granted to him in FIR dated 24-8-1994 because the prosecution had allegedly changed the offences to Section 124-A, I.P.C. The Additional Sessions Judge, Fatehagarh Sahib, however, granted him bail in that case also. Despite the fact that the petitioner had been granted bail in all the aforesaid three cases, he could not he released from Jail as another case was registered against him at Police Station Khanna vide FIR No. 89 dated 15-8-1994 under Section 124-A, and 153A, I.P.C. and under Section 4 of the TADA. It is submitted that all the FIRs. registered against the petitioner contains similar allegations and contents of speeches made by the petitioner. It is further submitted that the petitioner has filed Criminal Misc. No. 1087-M of 1995 in this Hon ble Court seeking quashing of the FIR. The Police party from Beas is also stated to have come before the judicial Magistrate, Fateh Garh Sahib and sought petitioners police remand in FIR No. 59 dated 27-8-1994 for offences under Sections 3 and 4, of TADA. The remand was, however, refused by the Judicial Magistrate. The petitioner was again produced in the Court of Judicial Magistrate, Talwandi Saboo on 27-1-1995 in FIR No. 32 dated 29-4-1994 for offences under Sections 124-A and 153A, I.P.C. He was again produced at Ludhiana on 30-1-1995 in another FIR allegedly registered way back in the year 1992. It is alleged that the petitioner was produced in the Court in handcuffs allegedly on the ground that the petitioner made statements in the Press declaring his intention to file case against the extension granted to Mr. K. P. S. Gill, Director General of Police. It is contended that new unknown cases are being brought against the petitioner only with the purpose of keeping him behind bars at any cost allegedly due to personal vendatta of the Chief Minister.
2. On 2-2-1995
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