Writ Petition [Criminal] Nos. 920 and 934 of 1984. Case: 1. Ram Jethmalani, 2. Bibi Amarjit Kaur Vs 1. Union of India (UOI), 2. Union of India (UOI) and Ors.. Supreme Court

Case Number:Writ Petition [Criminal] Nos. 920 and 934 of 1984
Party Name:1. Ram Jethmalani, 2. Bibi Amarjit Kaur Vs 1. Union of India (UOI), 2. Union of India (UOI) and Ors.
Counsel:For Appellant: P.R. Mridul, R.D. Agarwala and R.N. Poddar, Advs and For Respondents: Jethmalani, R.D. Cheema and Shailendra Bhardwaj, Advs.
Judges:E.S. Venkataramiah, J.
Issue:Criminal Law
Citation:(1984) 3 SCC 696, [1984] 3 SCR 926
Judgement Date:June 19, 1984
Court:Supreme Court


E.S. Venkataramiah, J.

  1. These cases are just two in number. There may be many other cases of this nature which have not yet reached this Court but may be filed shortly. These are not ordinary criminal cases involving a few individuals coming from a small locality. These are extraordinary cases involving serious questions of great public importance touching the security of the nation as well as personal liberty of a sizeable section of the community, many of whom may have been made to believe by a dominant section of society, may be wrongly, that what they were doing was right and for that reason may not have been free agents. Hence these cases have to be dealt with differently from the usual cases which come up before this Court.

  2. First a word of caution. In the course of these proceedings every word uttered on either side of the Bar should be weighed before it is used. There is no room for heat and passion; logic and reason alone should rule the debates. There should be an all round sympathy in dealing with the complex issues which may arise for determination. In handling these cases the highest judicial talent and statesmanship are needed and hence these cases cannot just be rejected reserving liberty to the applicants to approach a Judicial Magistrate, a Sessions Judge or even the High Court. Every step taken in these cases should serve as a healing touch bringing solace to all concerned and lessening by some degree the pain and suffering through which the country and its peace-loving people have passed and are passing. These proceedings should have the effect of assuaging the outraged feelings of many who till now may not be aware of what has actually happened. Any amount of time spent by the highest Court of this land on these cases would not go in vain. There is no duty more sacred than this.

  3. I, however, feel that the questions involved are too large and complex for the shoulders of a Single Judge to bear. It is my humble view that these and other cases of like nature should be heard by at least seven learned Judges of this Court whose unquestioned judicial authority, erudition and acumen would be of great assistance in the restoration of peace in one of our great States known for the valour, the devotion, the spirit of sacrifice and the sense of duty towards the country of the people residing in it.

  4. May I say that there can be no compromise on the following matters, namely, unity and integrity of India, the...

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