S.A.Bobde And L.Nageswara Rao, J. - (1.) Mahatma Gandhi was assassinated on 30.1.1948; about 70 years ago. 9 accused were tried for the conspiracy and murder of Gandhiji. After trial the judgment was delivered by Learned Special Judge, Delhi on 10.02.1949 convicting seven accused and acquitting one. Accused Nathuram Godse and Narayan Apte were given death sentence, four of the accused were given life sentence and remaining one was given a sentence of seven years of Imprisonment. The conviction was challenged in Punjab High Court in Appeal, High Court vide judgment dated 21.06.1949 upheld the conviction for five of the accused persons and acquitted two of the accused persons. None of the accused are alive today.
(2.) The petitioner who describes himself "An Engineer, Management Graduate, Ph.D and a Researcher with passion" approached the High Court by filing a Writ Petition PIL No.32 of 2016 in the year 2016. The High Court declined to entertain the petition and go into two questions raised i.e. whether the four bullets were fired as alleged and whether the Kapur Commission Report should be reopened after the period of 46 years.
(3.) The delay with which the petitioner has raised this issue is gross. According to the petitioner, he moved the court after doing some research about the circumstances in which Gandhiji's assassination took place and got convinced about the involvement of an unseen hand in the assassination. We are, however, not satisfied that new research into a long concluded matter justifies a re-initiation of criminal investigation or that anything that might be stated should be allowed to reopen a case such as this. Criminal cases which result in conviction and even execution of death sentences and the demise of those who have served life sentences ought not to be reviewed, neither is there a provision in law for review. But it was argued before us that the assassination of Gandhiji was an event of far reaching consequences in the world and the nation has the right to know the truth. While undoubtedly the nation has right to know the truth, such a right cannot be invoked where the truth is already well known merely because some academic research raises a different perspective in law. This would amount to reopening issues based on hearsay.;