4. The Case of Sachchidanand Sakshi

FOUR
The Case of Sachchidanand Sakshi

IN THE COURT OF SHRI ALOK AGARWAL,
M M KARKARDUMA COURTS: DELHI

FIR No. 129/91
U/Sec 153-A IPC

ORDER
2.7.96

This order is being passed after hearing arguments on charge from both sides.

The accused Dr. Sachchidanand Sakshi, has been charge-sheeted U/Sec 153-A IPC on the allegations of having promoted or attempted to promote disharmony, feelings of enmity or illwill between the different religions by way of his speech delivered on 19.3.91 at a meeting of the Hindu Jagran Samittee held at District Centre, Vikas Marg, Delhi.

The proceedings have been initiated by a confidential letter dated 11.7.91 from one Shri M.U. Siddiqui, Dy. Secretary (Home), Delhi Administration, addressed to the D.C.P. (Spl. Branch). A copy of the letter was also endorsed to the D.C.P. East alongwith the copy of the speech/slogans allegedly raised by the leaders/workers of Hindu Jagran Samittee in the aforesaid meeting, for registration of case and necessary investigation. The present case was accordingly registered at Police Station Preet Vihar on 6.8.91.

I have heard the Ld. APP and the Ld. Defence Counsel on the point of charge and have carefully gone through the police report u/sec 173 Cr. P.C., and the documents filed alongwith it. One peculiarity of the matter is that it is not clear as to who is the first informant in the case. Two eye-witnesses i.e. two of the police officials who were present on arrangement duty, have been cited as witnesses but they have only been examined u/sec 161 Cr. P. C, after the registration of the case. The case is stated to have been registered on receipt of the afore-mentioned letter dated 11. 7.91 from Sh. M. U. Siddiqui, Dy. Secretary (Home). However the letter itself mentions that it is based upon some transcripts of speeches/ slogans sent to him by the D.C.P. (Spl. Branch) for opinion. One carbon copy typed on plain sheets of paper purported to be of the speeches made by various leaders at the said meeting has been filed on record, alongwith documents, but the same is neither signed by any body nor does it mentions its author. Sh. M.U. Siddiqui is admittedly not an eye-witness. There is nothing on record to show as to who took down the said speeches and slogans and informed the police. There is no Audio/Video recording of the speech.

So far as the alleged eye-witnesses SI Krishan Chand and SI Om Prakash are concerned, their statements have been recorded five months after the incident and even after the registration of the FIR. Further in their statements the speech allegedly made by the accused has been copied down verbatim. Obviously the said speech was already available with the police since the case had been registered on that basis. The only witnesses cited on behalf of the prosecution are SI Krishan Chand, SI Om Prakash, Duty Officer and the SI Ram Phal. None of them, therefore, can prove the FIR. As already mentioned above, no Audio or Video recording or even the original transcript of the said speech has been produced on record. In these circumstances I am unable to locate on record, any material to connect the accused with the alleged inflamatory speech.

As the inevitable consequence of the above discussion, the accused Dr. Sachchidanand Sakshi is hereby discharged. His PB/SB stands cancelled and his surety discharged. File be consigned to Record Room.

(Alok Agarwal)
Metropolitan Magistrate
Karkarduma Courts, Delhi

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