New Delhi, Aug 14 (IANS): After 38 years, the Delhi High Court Thursday upheld the 10-year jail term of two convicts who attacked the then Chief Justice of India A.N. Ray in 1975, observing that they do not deserve leniency due to long pendency of the case.
Justice S.P. Garg, however, reduced to four years the jail term of seven years awarded to them for criminal conspiracy.
They had attacked the car of then Chief Justice of India Ray with two bombs when he was leaving the Supreme Court with his son, driver and another man March 20, 1975. There were no casualties.
The trial court Nov 1, 1976 convicted Santoshanand Avdhoot, Sudevanand Avdhoot and their advocate Ranjan Dwivedi for throwing hand grenades inside the car of the Chief Justice at the Supreme Court gate.
Santoshanand and Sudevanand were awarded 17 years' imprisonment by the trial court for attempt to murder, criminal conspiracy and under the Explosive Substances Act.
They spent 11 years in jail, 1975-1986, after which they were granted bail.
The remaining six years' punishment (out of seven years for criminal conspiracy) was Thursday converted to four years by the high court.
Justice Garg, however, acquitted Dwivedi on benefit of doubt. He was given a four-year jail term by the trial court for criminal conspiracy.
"Considering the gravity of the offence whereby sinister attempt was made on the life of the CJI in a well-planned conspiracy with the use of highly sophisticated explosives, the convicts (Avdhoots) deserve no leniency," the court said in a 201-page judgment.
"Fortunately, the hand grenades did not explode and a huge tragedy could be averted. The dangerous mission on accomplishment would have resulted in heavy casualties.
"Justice demands that courts should impose punishments befitting the crime. Measure of punishment must depend upon the atrocity of the crime.
"There is no space for any leniency, and prayer for that is misplaced. Despite claiming to be followers of the organisation which did not preach violence, the convicts indulged in the most foul and senseless murderous attack assault on the CJI," it said.
The convicts were allegedly members of Anand Marga, an organisation banned by the central government after Emergency in June 1975.
The CBI which probed the case examined 85 witnesses.