RAJENDER KUMAR JAIN MANOHAR LAL ATTORNEY GENERAL OF INDIA Vs. STATE

JUDGEMENT

(1.) A cocktail of law and politics, reason and caution extravagance is the only way we can describe the submissions made to us in these two cases. Well known personalities are involved, in one case an Ex-Central Minister, the present Governor of a State and some leading journalists, and in the other, an ex-Central Minister, and a host of Government officials- perhaps that was responsible for the passion and the tension which appeared to characterise and sometime mar the arguments in the two cases.

(2.) We will first take up for consideration Criminal Appeal No. 287 of 1979.

(3.) In exercise of the powers conferred by S. 196 (1) (a) of the Code of Criminal Procedure 1973, and S. 7 of the Explosive Substances Act, 1908, the Government of India by its order dated September 6, 1976 accorded sanction for the prosecution of George Mathew Fernandes alias George Fernandes and 24 others for alleged offences under Ss. 121-A, Indian Penal Code, 120-B, Indian Penal Code read wit Ss. 4, 5 and 6 of Explosive Substances Act, S. 5 (3) (b) and Section 12 of the Indian Explosives Act, 1884. The first paragraph of the order according sanction set out the object of the conspiracy in the following words: