Mahatma Gandhi Assassination case – Prayer of writ petitioner to reopen the case – Mahatma Gandhi was assassinated about 70 years ago – Trial Court had convicted 7 accused persons for offence of murder and conspiracy and acquitted one – High Court had upheld the conviction of 5 accused persons and acquitted two accused persons – After about 70 years, writ petition before High Court on the basis of a new research – High Court declined to entertain the writ petition and to go into two questions raised i.e. whether the four bullets were fired as alleged and whether the Kapur Commission Report be opened after the period of 46 years – Special Leave Petition – Held: Criminal cases which resulted in conviction and even execution of death sentences and the demise of those who have served life sentences ought not to be reviewed – Moreover, there is no provision in law for such review – A new research into a long concluded matter would not justify a re-initiation of criminal investigation – Petitioner’s attempt to reopen this controversy is as an exercise in futility – Court must at all cost be wary of such contentious issues and must not allow its jurisdiction to be invoked for such purposes – SLP dismissed – Criminal Investigation. Ram Kishan Dalmia v. Justice S.R. Tendolkar
[1959] SCR 279 : AIR 1958 SC 538 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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