KEHAR SINGH & ORS. versus STATE (DELHI ADMN.)

Citation: [1988] SUPP. 2 S.C.R. 24 · Decided: 03-08-1988 · Supreme Court of India · Bench: G.L. OZA · Disposal: Disposed off
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Judgment (excerpt)

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KEHAR SINGH & ORS. 
v. 
STATE (DELHI t\DMN.) 
AUGUST 3, 1988 
[G.L. OZA, B.C. RAY AND K.J. SHETTY, JJ.] 
Constitution of India, 1950: Articles 19, 21 and 136--Criminal 
trials-Right of access to-Open public trial-Right of an accused-
Sessions trial held in Tihar Jail-Whether a valid trial. 
Trial Court and appellate Court conclusion based on appreciation 
of evidence binding on the Supreme Court. 
Commission of Inquiry Act, 1952: Sections 3, 4-6 and 8-Sessions 
Case-Whether trial Court entitled to call for statements of witnesses 
recorded by a Commission of Inquiry. 
Criminal Procedure Code, 1973: Sections 9(6), 164, 194, 327, 
354(3)-'Place of trial'-High Court-Whether has power to direct trial 
of case at place other than normal seat of the Sessions Court. 
Confessions and Statements-Recording of-Omission to record 
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in propet form-Does not render it inadmissible~Effect can be cured. 
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Public trial-Open Court-Restrictions on access-How far 
valid. 
Death sentence-Awarding of-' Special reasons' to be given. 
Indian Evidence Act, 1872: Sections 10, 145, 155, 157-Cons-
piracy-Proof of-Relevancy of evidence-Things said or done by 
conspirator with reference to common design-Generally conspiracy 
hatched in secrecy-Evidence as to transmission of thoughts sharing the 
unlawful design sufficient-Credit of witness-Impeachment of. 
Indian Penal Code, 1860 Sections 34, 120B, 302 and 307-
Assassination of Prime Minister Smt. Indira Gandhi-Conviction and 
sentence of death on Satwant Singh and Kehar Singh confirmed and 
IJPheld-Balbir Singh acquitted. 
Pracrice and Procedure Criminal trial-Access to-Whether 
people can assert their right. 
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KEHAR SINGH v. STATE 
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Statutory Interpretation: 'Golden rule'-How far applicab/e-
'lntention' of legislature or 'purpose' of statute-Duty of Court to look 
for. 
In June, 1984 the Indian Army mounted an operation known as 
'Operation Blue Star' by which Armed Force personnel entered the 
Golden Temple Complex at Amritsar to flush out the armed terrorists. 
That operation resulted in loss of life and property as well as damage to 
the Akal Takht in the Golden Temple Complex, which greatly offended 
the religious feelings of some members of the Sikh community. Bean! 
Singh (deceased) and Balbir Singh, Sub-Inspectors and Satwant Singh, a 
constable of Delhi Police posted for security duty in the office of the 
deceased Prime Minister Smt. Indira Gandhi and Kehar Singh, an 
Assistant in the Directorate General of Supply and Disposal, New Delhi, 
who were sikhs by faith, had been expressing their resentment openly, 
holding Smt. Indira Gandhi responsible for the action taken at 
Amritsar. They met at various places and at various times to discuss 
and to listen to inflammatory speeches and recordings calculated to 
excite listeners and provoke them to retaliatary action against the deci-
sion of the Government to take army action in Golden Temple Comp-
lex. They thus became parties to a criminal conspiracy to commit the 
murder of Smt. Indira Gandhi. 
On October 31, 1984 Smt. Indira Gandhi had an engagement with 
well-known actor and writer Peter Ustinov. His crew was to record her 
interview for Irish Television. They were waiting at Bungalow No.I, 
Akbar Road, the home office of the Prime Minister. Bungalow No. I. 
Safdarjung Road was the official residence of the Prime Minister. The 
two buildings are connected by a narrow cemented pathway. They are 
located practically in one campus, but seperated by a sentry gate which 
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is known as the "TMC Gate." Smt. Indira Gandhi at about 9.10 a.m. 
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emerged from her house. Immediately behind her was Head Constable 
Narayan Singh (PW9) holding an umbrella to protect her against the 
sun. Rameshwar Dayal (PW 10) an Assistant Sub-Inspector, Nathu 
Ram (PW 64), her personal attendant and R.K. Dhawan, Special 
Assistant, were closely following Smt. Gandhi. 
In pursuance of the aforesaid conspiracy Beaut Singh and 
Satwant Singh, who had prior knowledge that Smt. Gandhi was 
scheduled to pass through the TMC Gate on the date and at the time 
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afore-mentioned, manipulated their duties in such a manner that the 
former would be present at the TMC Gate and the latter at the TMC 
sentry booth on October 31, 1984 between 7.00 and 10.00 A.M. Bean! 
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SUPREME COURT REPORTS 
[1988] Supp. 2 S.C.R. 
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A Singh got exchanged his duty with S.I. Jai Narain (PW7). Satwant 
Singh, who ought to be at Beat No. 4, ma
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