Fact of the case :

In June 1984, Mrs. Indira Gandhi (Prime Minister) has conducted an army operation named ‘Operation Bluestar’ in which the armed forces had entered the Golden Temple complex wiped off all the militants hidden in the temple. During the operation Akal Takht in the Golden Temple Complex got damaged, which offended (insult) the religious sentiments of Sikhs. The aggrieved Sikhs openly showed their resentment (feeling of anger) towards Mrs. Indira Gandhi and protested against her. On 31st October, 1984, Mrs. Indira Gandhi left her house at 9:10 A.M along with her staff. 

When Mrs. Indira Gandhi reached near TMC gate, the accused Beant Singh and Satwant Singh fired several rounds, due to which she got injured. She was rushed to AIIMS where she succumbed to her injuries. The accused/appellants, Kehar Singh, Balbir Singh and Satwant Singh were convicted under Section 302 (S 103(1) BNS) read with Section 120B of Indian Penal Code, (S 61(2) BNS) 1860 (IPC). The Satwant Singh was also charged under Section 27 of the Arms Act. All the three were sentenced to death under Section 302 (S 103(1) BNS) read with Section 120B (S 61(2) BNS). The conviction and sentence of these appellants were confirmed by the High Court of Delhi. Hence, the present appeal.

Issue involved:

Whether the trial being held in Tihar Jail is violative of Article 21 of the Constitution as ame cannot be considered as open and public trial?

Whether the confession of accused Satwant Singh can be used as evidence against Accused?

It was considered by the Supreme Court as one belonging to the "rarest of rare" category. It was not simply a murder of a human being. It was the crime of assassination of the duly elected Prime Minister of the country. There was no personal motivation, but the consequence of the action (referring to Blue Star Operation) taken by the Government in the exercise of Constitutional powers and duties. The security guards who were duty-bound to protect the person of the Prime Minister themselves assumed the role of assassins (person who commit murder). It was a betrayal of the worst sort. It was a murder most foul and senseless. Those who executed the plot and those who conspired with them would, therefore, all fall in the "rarest of rare" category.

Held :  Satwant Singh: There is no evidence at all on the basis of which his conviction could be justified. He is therefore entitled to be acquitted.

 Kehar Singh: There are many circumstantial evidences to establish that Kehar Singh was a co-conspirator to assassinate Mrs. Indira Gandhi.

“It has been held that the offence can only be proved largely from inferences drawn from acts or illegal omissions committed by the conspirators in pursuance of a common design. The offence of conspiracy can be proved by either direct or circumstantial evidence. It’s not always possible to give affirmative evidence about the date of the formation of the criminal conspiracy and about the persons who took part in the formation of the conspiracy”.