M.M. Punchhi, J.
1. Three persons accused of offence under Section 302/34, I. P. C., applied for pre-arrest bail under Section 438 of the Cr. P. C. before the Court of Session, Jullundur. The petition came to be dealt with by Shri Amarbir Singh Gill, Incharge District and Sessions judge, He allowed pre-arrest bail to two of them namely Gurdial Singh and Rupinder Singh. Gurnam Singh, the present petitioner, was denied the relief. He has now approached this Court for the same relief. The relief has to be declined for reasons mentioned hereafter.
2. The occurrence took place on 15-3-1984 in which violence was resorted to by firearms. A person died. The impugned order was passed by the learned Judge on 13-7-1984. , On. the following day i.e. on 14-7-1984, the Terrorist Affected Areas (Special Courts) Ordinance, 1984 (hereafter referred to as 'the Ordinance') came into operation. A notification under Section 3 thereof was issued declaring the area comprised in the State of Punjab as the terrorist affected area vide Notification No. GSR-527 (E) issued in the Government of India Extraordinary Gazette Dt/- 23rd July, 1984. Thereunder the date of its effectuation was fixed as 23rd day of Jan. 1984 in the following words:
And whereas the Central Government is further of the opinion that terrorists had been committing from a date earlier than the date of issue of this notification in the aforesaid areas offences of the nature specified in the said schedule on such scale and in such manner that it is expedient to commence the period of this notification from such earlier date, the Central Government hereby specifies that this notification shall commence on and from 23rd Jan. 1984 and shall continue to be in force for a further period of six months from the date of publication of this notification.
In the Ordinance, 'terrorist' has been defined to mean a person who indulges in wanton killing of persons or in violence or in the disruption of services or means of communications essential to the community or in damaging property with a view to (1) putting the public or any section of the public in fear; or (ii) affecting adversely the harmony between different religious, racial, language or regional groups or castes or communities; or (iii) coercing or overawing the Government established by law; or (iv) endangering the sovereignty and integrity of India.
3. A person indulging in violence has inherently in view putting the public, which means even the minutest section thereof, in fear. Thus, he would apparently be a terrorist under the Ordinance.
4. The effect of the Ordinance and the aforesaid notification is that it was operative when the offence was committed. That being one under Section 302/34, I. P. C. is a scheduled offence under the Ordinance. On that premises, Section 15(4) of the Ordinance which is in the following terms comes to be attracted.
Nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed a scheduled offence in a terrorist affected area.
5. It is obvious and patent therefrom that the order of the learned Incharge District and Sessions Judge, Jullundur in granting pre-arrest bail to Gurdial Singh and Rupinder Singh accused cuts across these provisions and would require correction in exercise of the revisional powers of this Court as also under Article 227 of the Constitution. A fortiori, the petitioner Gurnam Singh cannot for the aforesaid reasons be allowed pre-arrest bail. Thus, his application is dismissed in limine. On the other hand, let notice be issued to Gurdial Singh and Rupinder Singh accused for withdrawal of the direction issued under Section 438, Cr. P. C. for 24-8-1984. Ordered accordingly.