ITEM NO.

51

COURT NO.6

SECTION X

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A No.3 in WRIT PETITION (CIVIL) NO(s). 200 OF 2013 SWAMI GYAN SWAROP SANAND VERSUS UNION OF INDIA & ORS. Respondent(s) Petitioner(s)

(With appln(s) for directions and office report) Date: 19/08/2013 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE VIKRAMAJIT SEN For Petitioner(s) Mr. K.T.S.Tulsi, Sr. Adv. Mr. M.C.Mehta, Adv. Mr. Rahul Shukla, Adv. Mr. Kuber Boddh, Adv. Dr. Kailash Chand,Adv. For Respondent(s) Mr. Anip Sachthey,Adv. Mr. Mohit Paul, Adv. UPON hearing counsel the Court made the following ORDER The petitioner is a senior citizen, around 81 years old, a former professor of IIT, Kanpur and a veteran environmentalist. He has in this writ

petition prayed for several reliefs concerning the cleansing of Ganga and for conservation of ecological sensitive zones from Gangotri to Uttarakashi. The petitioner is currently injudicial custody in connection with a case registered by PS Kankhal, Haridwar (Criminal Case

No. 116 of 2013) for the alleged commission of offence of attempted suicide punishable under Section 309, Indian Penal Code. Mr. K.T.S.Tulsi, learned senior counsel appearing for the petitioner submits that the petitioner had gone on a fast only to direct the attention of the Government towards the pollution and possible disappearance of holy Ganges. He submits that since this Court has in a connected writ petition taken cognizance of the state of affairs and issued notices to the authorities concerned, the petitioner feels vindicated. He further submits that the petitioner has not been able to furnish personal bond of Rs. 15,000/- as directed by the Magistrate for his enlargement from custody as the petitioner is a sanyasi and does not have any worldly possessions or resources to comply with the order passed by the Magistrate. The result is that the petitioner remains lodged in Roshanabad Jail, Haridwar. Mr. Tulsi further states that the petitioner has no intention of taking any drastic steps that may constitute an offence punishable under Section 309, IPC. He prays for enlargement of the petitioner from custody on that undertaking. We have given our anxious consideration tothe statement made at the Bar. Keeping in view the age of the petitioner and the cause that he stands for, we are inclined to make an exception in the case at hand and direct release of the petitioner from custody without his furnishing a personal bond

and only on the undertaking given on this behalf. The petitioner shall accordingly be set free in Criminal Case No. 116 of 2013 registered against him for the offence punishable under Section 309 of the I.P.C. on the above terms. (Shashi Sareen) (Veena Khera) Court Master Court Master