RAM JETHMALANI, ETC versus UNION OF INDIA, ETC.

Citation: [1984] 3 S.C.R. 926 · Decided: 19-06-1984 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Matter referred to larger bench

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Judgment (excerpt)

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926 
RAM JETHMALANI, ETC 
v. 
UNION OF INDIA, ETC. 
June 19, 1984 
[E.S. VENKATARAMIAH, J.] 
Constitution of India_ i950, Article 32. National Security Act, 1980, Sectioh 
3 and The Supreme Court Rules 1966, O.rder II rule 6 and Order, VII rule 4 (5). 
Writ petitions assailing detention of de(enu ·.under National Security Act.-. 
Vacatio11 Judge hearing petitions-Itnportant questions touching security of nation 
and personal /jberty involved-Larger Bench hearing matter-Necessity of. 
The petition_ers in their writ petitions to this Court assailed the deten-
tion of a member of the Sikh Community u·nder the National Security Act, 
1980. 
HELD: 1. These are not ordinary criminal cases involving'a few individuals. 
coming from a smalt loca1ity. These a~e extraordinary cases involving serious 
questions of great public importance touching the security of the nation as well 
as personal liberty of a s,izeable section of the community. 
These cases hitve 
to be dealt v.·ith differently from the usual cases which come up before this 
Court. [927 C-D] 
2. In handling these cases the highest judicial talent and statesmanship 
are needed and hence. these cases cannot just be rejected reserving liberty to · 
the applica·nts to approach a Judicial Magistrate, a Sessions Judge or even the 
High Court. Every step taken in these cases should serve as a healing touch 
bringing solace .to all concerned and lessening by some degree the ,pain and 
suffering through which the country and its peace-loving people have passed 
and are passing. These proce~dings should "have the effect of assuaging the 
outraged feelings of many who till now may not be aware of.what has actually 
happened. [927 F-G] 
3. The questions involved ·are too 
large and complex for the 
shoulders of a Single Judge to bear. These and other cases of like nature should 
be heard by at least seven learned Judges of this Court whose unquestioned 
judicial authority, erudition and acumen would be, of great assistance in 'the 
restoration of peace in one of the States known for valour, devotion, spirit of 
sacrifice and sense of duty towards the country of the people residing in it. 
[927 H ; 928 A] 
4. Even ir' alle°'gations of serious offences against the 
Stat~ may_ 'be 
forthcoming against the arrested ·persons, the Court n1ay stilt consider whether 
it is not possible -enlarge at least some of them, who may be in 'a repentant 
mood, on bail to facilitate early restoration of normalcy in the State. There 
·may be many other things which may be done and they are within the domain 
of the Judges, who may .hear these cases. Jf this Court in the end can succetd 
in establishing peace· and ,harmony in ihe country, it would be its finest 
!tour. {9280-H ; 929 A[ • 
(Cases reffene~ to Larscr Jl~nch.) 
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Ii.AM JETH MALANi v. UNION ( Venkataramiah, i.) 
921 
·ORIGINAL JURISDICTION : Writ Petition (Criminal) Nos. 920 
A 
and 934 of 1984. 
(Under article 32 of the Constitution of India) 
P.R. Mri1ul, R.D. Agarwala and R.N. Poddar for the Appli-
cant/Respondent. 
Miss 'Rani Jethma/ani, G.S. Cheema and Shailendra Bhardwaj 
for the Opp. side/petitioners. 
The 01der of the Court was delivered by 
VENKATARAMIAH, · J; These cases are just two in number. 
There may be many other cases of this nature which bave ,not yet 
B 
reached this Court but may be filed shortly. These are not ordinary 
c 
criminal cases irtvolving a few individuals . coming from a small 
locality. These are extraordinary cases involving serious questions 
of great public importance touching the security of the nation as 
well as pers'onal liberty of a sizeable section or the community, 
many of whom· may have been made to believe by a dominant 
section of sopiety, may be wrongly, that what they were doing was 
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right and for that reason may not have been free agents. Hence 
these cases have to be dealt with differently from the usual cases 
which come up before this Court. 
First a word of caution. In the course of these proceedings 
every word uttered on either side of the Bar should be weighed 
before it is used. There is no room for heat and passion ; logic and 
reason alone .should rule the debates. There should be an all round 
sympathy in dealing with the complex issues which may arise for 
determination. In handling' these cases the highest judicial 
talen~ 
and statesmanship are. needed and hence these cases cannot just be 
rejected reserving liberty to the applicants to a

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