- (1.) From the list of belongings pertaining to the deceased prisoners Satwant Singh and Kehar Singh, it appears that they consist mainly of their personal effects, including wearing apparel, toilet requisites and some books. The petitioners claim the return of these personal effects. The petitions are opposed by the learned Additional Solicitor General of India, Shri G. Ramaswamy, on two grounds. He states firstly, that the release of the personal effects of the deceased pensioners at this stage could give raise to public disturbance and general disorder and, he tells us, the period during which that danger can be apprehended could last another two months from today. Secondly, he says, it will be necessary under the statutory rules for the petitioners to obtain a succession certificate and only thereafter to press for the release of the personal effects of the deceased prisoners.
(2.) Having regard to the circumstances of the case, we direct that the personal effects of the deceased prisoners, Satwant Singh and Kehar Singh, shall be handed over by the Jail Superintendent, Tihar Jail to the petitioners on there presenting an application setting forth a list of all the claimants entitled to the release of those personal effects which application shall be signed by all those Claimants together with a letter of authority signed by all the claimants mentioned in the list authorising the petitioners to receive the personal effects of the deceased prisoners. The petitioners will also file an indemnity bond executed by all the claimants that in the event of of any other claimants coming forward to claim these personal effects, the said personal effects will be handed over to the trial court, which tried the criminal case in the first instance so that appropriate orders may be passed. Upon the aforesaid documents being presented the Jail Superintendent, Tihar Jail, will release the personal effects to the petitioners by March 31, 1989.
(3.) The Criminal Miscellaneous Petitions are disposed of accordingly.;