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ITEM NO.51 COURT NO.6 SECTION X

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

I.A No.3 in WRIT PETITION (CIVIL) NO(s). 200 OF 2013

SWAMI GYAN SWAROP SANAND Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(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

O R D E R

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

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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

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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