Seeni Nainar Mohammed vs State Tr.Supdt.Of Police

2. The facts of the case have been elaborately discussed by the learned Special Judge of the Designated Court for adjudication of TADA cases. We need not, therefore, recapitulate the entire factual backdrop in which the appellants were tried, found guilty and sentenced, excepting where it is absolutely necessary to do so. There are six accused in this case, namely, Sahul Hameed (A-1), Raja Hussain (A-2), Zubeir (A-

3), Zakir Hussain (A-4), Azeez (A-5) and Seeni Nainar Mohammed (A-6). On 10th October, 1994, at about 06:30 a.m., A-1 to A-6 in pursuance of the conspiracy hatched amongst them, went to the house of one Rajagopalan (since deceased), who was President of Hindu Munnani Association, with a motive to kill him. A day before the incident, A- 6 Seeni Nainar Mohammed had advised his brother Raja Hussain (A-2) to meet him after completing the task of murdering Rajagopalan. When Rajagopalan, after taking the newspapers from a newspaper sub-agent Saravanam (PW-3), was going through the newspapers facing East at his house, accused persons came from left hand side of Rajagopalan and while A-1 caught hold of the neck of Rajagopalan from behind, A-3 and A-4 took out knives and stabbed on his stomach. A-5 showing a sickle threatened the public to run away and repeatedly attacked the said Rajagopalan and thereafter they ran away towards west. On hearing the noise, PW-1 Krishnaveni wife of the deceased came out of the house and saw that her husband was lying down in a pool of blood. The occurrence was witnessed by PW-1, PW-3, PW-4, PW-5 & PW-6. PW-1 informed about the incident to the Market Police Station on telephone. Upon receiving the information, PW-2 Inspector of Market Police Station rushed to the spot and enquired from PW-1 who gave a written complaint to him.

3. Law was set into motion when PW-2 Stalin Michael, Inspector registered the FIR Ext.P2 at 07:30 a.m. at Police Station Thilagar Ground, Madurai District, under Sections 147, 148 and 302 of IPC in Crime No.2490/1994. On the orders of DGP, the case was transferred from local Police to CBCID and Shri Rajagopal, DSP (PW-24) took up the investigation, went to the place of occurrence, examined the witnesses and recorded their statements. Since PW-24 was holding additional charge, he could not accomplish the task of investigation and further investigation was taken up by Shri Jones, DSP (PW-30) and after receiving prior approval from Superintendent of Police (PW-26), registered the case under TADA. The records of the case were transferred to the learned Designated Judge for TADA Cases and after trial, the learned Designated Judge vide his judgment and order dated 08.09.2011 convicted all the accused in TADA Case No.1/1997 holding that the prosecution has proved the first charge as against A-1 to A-

20. We are therefore of this considered opinion that as a result of illegal sanction order the criminal proceedings for prosecution under the TADA Act are vitiated entirely. Suffice it to say that Learned Court under the TADA Act has grossly erred in taking cognizance of the case.

. . .J (Pinaki Chandra Ghose) ….. . . . . . . . . . . . . .

. . . . . J (Rohinton Fali Nariman) New Delhi;

April 27, 2017.