Sanchita @ Shilpi v. Registrar General, R. H. C. Jodhpur
2018-04-17
GOPAL KRISHAN VYAS, RAMCHANDRA SINGH JHALA
body2018
DigiLaw.ai
JUDGMENT/ORDER : An application No.251/2018 has been filed in DB Civil Misc. Application No.99/2016 and in DBCWP No.8298/2015 by the State of Rajasthan with the prayer that in Case no.116/2016 (NCV No.129/2016) (Old No.152/2016) (State of Rajasthan Vs. Asha Ram) pending before the court of learned Special Judge, SC/ST (Prevention of Atrocities), Jodhpur, the arguments have already been concluded and the learned trial court has fixed the date for pronouncement of judgment on 25.4.2018, but due to large number of followers of accused Asha Ram, the law and order situation in the court premises will be effected seriously, therefore, prayed that the proceedings of pronouncement of the judgment in aforesaid case may be ordered to be conducted in the Central Jail, Jodhpur looking to the anticipated assembly of large number of supporters and their counsels be instructed to issue directions, as done in the past, in print and electronic media of State as well as National Level to prohibit their supporters/followers not to come at Jodhpur on the date of pronouncement of judgment. It is also prayed that appropriate orders may be passed for the purpose of pronouncement of judgment in the premises of Central Jail, Jodhpur by the learned trial court on 25.4.2018 in the interest of safety and security of public at large and accused Asha Ram himself and to keep the sanctity intact of the earlier directions of the Hon'ble Court. 2. The learned AAG further submits that the trial in the case of State of Rajasthan Vs. Asha Ram and others has been concluded in the court of learned Special Judge, SC/ST (Prevention of Atrocities), Jodhpur and as per the intelligence report on the date of pronouncement of judgment on 25.4.2018 thousands of supporters/followers are likely to gather in the court premises of Jodhpur from different parts of the country. The past instances during trial loudly speaks that such supporters are huge in number and there is serious apprehension that the daily activities of citizen and public peace of the city will be disturbed, the supporters large in number may indulge in violence and can create serious law and order problem in the city of Jodhpur, which may cause immense loss of property and human lives. 3.
3. Learned AAG invited our attention towards the orders passed by this Court on 14.9.2015, 1.5.2017 and 4.8.2017 in support of prayer and submits that the learned trial court may be directed to pronounce the judgment in the Central Jail, Jodhpur itself to save the innocent citizen and to protect property and peace of the city. 4. Per contra, learned senior counsel Sh. Mahesh Bora and Mr. Sajjan Raj Surana vehemently submits that the conduct of police is seriously questionable because no such direction can be issued so as to pronounce the judgment in the Central Jail, Jodhpur being no express provision is in existence so as to pass such order in the Cr.P.C. Both the senior advocates submit that police is creating havoc unnecessarily and tired to create atmosphere against Asha Ram and others for which the circumstances are created by the police, therefore, the application may kindly be rejected. 5. After hearing learned counsel for the parties, we have perused the different orders passed by this court. On 14.9.2015, this court passed order in DBCWP No.8298/2015, which reads as under: “Heard learned counsel at length. Having considered facts of the case, we deem it appropriate to call upon the State of Rajasthan to respond the averments contained in the writ petition and also the facts stated in the reply filed on behalf of Rajasthan High Court. Learned counsel for the petitioners assures that the petitioners shall make an appeal to their supporters not to gather outside the Central Jail, Jodhpur, any other public place in the city of Jodhpur and in the court premises and the appeal shall be published by/on behalf of petitioners in daily newspaper of State level and national level at the earliest. Having considered other facts of the case, we deem it appropriate to direct the Commissioner, Police Commissioner ate, Jodhpur to install a “Door Frame Metal Detector” before the court, where the trial of the accused persons is in currency at the earliest. The Commissioner, Police Commissioner ate, Jodhpur as well as the District Administration, Jodhpur shall also be at liberty take all necessary security measures, including invoking provisions of Section 144 CrPC to prevent gathering of people/supporters of the accused petitioners during the trial in currency.
The Commissioner, Police Commissioner ate, Jodhpur as well as the District Administration, Jodhpur shall also be at liberty take all necessary security measures, including invoking provisions of Section 144 CrPC to prevent gathering of people/supporters of the accused petitioners during the trial in currency. The District Judge, Jodhpur District is directed to start a system for issuing passes for entry in the court, where the trial is going on, to ensure presence of the relevant persons only in the court at the time of trial that is subject matter of this petition. The petitioners are directed not to indulge in any conversion with press/media persons or shall otherwise make any public statement when they are brought to the court to face the trial. If the respondent-Rajasthan High Court or the State of Rajasthan feels that despite the directions above, the petitioners or their supporters are creating hurdles in smooth trial, they may mention the case for its listing before the court even prior to the date fixed for hearing. Hearing continuous. Put up on 28.09.2015. The interim order granted by this court on 11.09.2015 shall remain in currency.” 6. Thereafter, in DB Civil Misc. Application No.99/2016, this court passed order on 1.5.2017, which also reads as under: “It is pointed out by learned counsel appearing on behalf of the applicant that on last date of hearing, a huge number of followers of petitioner no.2 entered into court premises and created enormous nuisance. It is asserted that petitioner no.2 and his followers are not cooperating with the district administration in maintaining the law and order as well as decorum of the court. In view of the factual position brought to the notice of the court, we are inclined to transfer the trial to the premises of the Central Jail, Jodhpur. However, learned counsel appearing on behalf of the petitioner submits that all the petitioners shall ensure that due to the activities of their followers no harm is caused to the maintenance of law and order and also the decorum of court. Learned counsel undertakes that in future no nuisance at all shall be there in the court campus and the petitioners shall instruct their followers not to enter into court campus and also not to follow the vehicle carrying the accused persons from Central Jail, Jodhpur to the court premises and court premises to the Central Jail.
Learned counsel undertakes that in future no nuisance at all shall be there in the court campus and the petitioners shall instruct their followers not to enter into court campus and also not to follow the vehicle carrying the accused persons from Central Jail, Jodhpur to the court premises and court premises to the Central Jail. In view of a definite statement in the nature of undertaking given by learned counsel, we deem it appropriate to adjourn this case for 08.05.2017.” 7. Again on 4.8.2017, the coordinate bench of this court passed following order, which reads as under: “An application is preferred on behalf of the Special Public Prosecutor. It is supported by an affidavit swornin by Shri Madan Beniwal, Station House Officer, Police Station Udai Mandir, Jodhpur pointing out certain facts relating to the hurdles created by the followers of accused Asharam in smooth holding of trial. It is stated that at the insistence of accused named above, his followers are creating hurdles even in smooth plying of police vehicles, on account of which the police personnel as well as public at large is facing immense hardship and inconvenience. Learned counsel appearing on behalf of accused Asharam, Sanchita and others states that the accused persons shall ensure that no followers of them remain present inside the court, outside the court and even on roads from Central Jail, Jodhpur to the Court Campus. Looking to the candid undertaking given by learned counsel for the respondents, we are not making an order to transfer the place of trial from the Court Campus to Central Jail for a day only. Put up on 08.08.2017.” 8. Admittedly, in case of accused Asha Ram, the trial has already been concluded and the case is fixed for pronouncement of judgment for 25.4.2018 by the trial court. After considering the aforesaid orders passed in the writ petition as well as in DB Misc. Application No.99/2016, it cannot be said that followers of accused Asha Ram will not create hurdle or unhealthy atmosphere which may create not only hardship and inconvenience to the public at large of Jodhpur City, but also law and order problem.
After considering the aforesaid orders passed in the writ petition as well as in DB Misc. Application No.99/2016, it cannot be said that followers of accused Asha Ram will not create hurdle or unhealthy atmosphere which may create not only hardship and inconvenience to the public at large of Jodhpur City, but also law and order problem. Therefore, while exercising supervisory jurisdiction left with this Court under Section 482 Cr.P.C., we deem it appropriate to give following directions so as to save the atmosphere of the city: (1) The learned Special Judge, SC/ST (Prevention of Atrocities), Jodhpur is directed to conduct proceedings for pronouncement of the judgment in Case no.116/2016 (NCV No.129/2016) (Old No.152/2016) (State of Rajasthan Vs. Asha Ram) in the premises of Central Jail, Jodhpur itself on the fixed date i.e., on 25.4.2018. (2) The Superintendent, Central Jail, Jodhpur and the Police/district Administration is directed to make all arrangements for the proceedings in the Central Jail, Jodhpur for the purpose of pronouncement of judgment. (3) The respective Advocates and Government Advocates may be permitted to remain present at the time of pronouncement of judgment. (4) The Police Commissioner, Jodhpur and District Administration are directed to make all arrangements to provide protection of property and citizen of Jodhpur City and to see that no inconvenience and hurdle shall be created by the followers of accused Asha Ram in the Jodhpur City. (5) Adequate police force shall be deployed for the purpose of law and order situation in the Jodhpur City. (6) The police authorities will be at liberty to take appropriate action so as to restrict followers nearby the area of Central Jail, Jodhpur strictly in accordance with law. 9. The application is, therefore, disposed of with above directions.