Read Time: 10 minutes

Synopsis

The Rouse Avenue Court, recently, convicted Member of Parliament from Madhya Pradesh Kishor Samrite for allegedly threatening to blow up Parliament using dynamite. He sent a letter of threat (containing certain demands) and a suspicious substance to the Secretary General of the Rajya Sabha on September 16, 2022. 

Special Judge Vishal Gogne held, “The evidence led by the prosecution constitutes proof beyond reasonable doubt that accused Kishore Samrite committed the offence punishable under section 506 Part II IPC”. 

Thereafter, the parcel was sent to a team of police officers. Per their statements, the parcel contained a bundle of papers/letters, in which one bundle contained a complaint running into 10 pages, and the other bundle contained 125 pages (photocopies) of miscellaneous papers. An Indian Flag (Cotton), a Book of the Constitution of India (Bare Act) and a brown colour suspicious substance inside one white colour polythene labelled “Super Power 90 Danger explosive”, wrapped in a light green colour polythene with the help of transparent tape, were also found inside the said parcel. 

Thus, Samrite was charged under Section 5(a) of the Explosive Substances Act, 1908, and Section 9B(1)(b) of the Explosives Act, 1884, for sending a speed post parcel from Lanji, Madhya Pradesh to Parliament House. The letter threatened to blow up Parliament if demands were unmet, indicating unlawful intent. Dispatching explosive material via post violated Rule 10(4)(a) of the Explosives Rules, 2008. 

The State, represented by Additional Public Prosecutor Gyan Prakash Ray, argued that Samrite sent a letter in an envelope bearing his name, containing a suspicious substance. Witnesses (PW-1, PW-3) confirmed that the package included a threatening letter, explosive material, a copy of the Indian Constitution, and the national flag. The CFSL’s findings and investigative steps were emphasized. 

However, Advocate Himanshu Thakur, representing Samrite, challenged the chain of custody, citing an unexplained gap in handling and questioning discrepancies in witness accounts. Concerns were raised about tampering and forensic reliability.

The court, reviewing the statements of the witnesses, noted that substantial evidence was present to show that the receipt of the letter from the Samrite, which contained a threat to destroy the Parliament building and was accompanied by a suspicious substance, caused significant alarm at the security establishment of the Parliament of India.  

The court opined that such an alarm fell within the scope of criminal intimidation as defined under Section 503 IPC and was punishable under Section 506. The latter part of Section 506 dealt with threats to destroy property by fire, in addition to threats to cause death or grievous injury. As the sender of the suspicious substance and the author of the threat letter, Samrite was conclusively proven to have deliberately caused alarm at the Parliament House, as contemplated under Sections 503 and 506 Part II IPC.  

The court firmly held that Samrite’s threat to destroy the Parliament building constituted a threat to cause destruction of property by fire, which would inevitably follow an explosion. Consequently, Samrite became liable for conviction under Section 506 Part II IPC. The threat also implicitly included a risk to life and serious injury, as such premises were continually occupied by security personnel. The prosecution's evidence fully justified the conviction under Section 506 Part II IPC on this basis.  

The court held that the prosecution successfully established the following facts beyond a reasonable doubt:  

• Accused Kishore Samrite booked a speed post article bearing No.E1278545006IN in envelope Ex. PW1/P-4 for being delivered to the Secretary General of the Rajya Sabha. 
• This very speed post article was received at the office of the Secretary General, Rajya Sabha. 
• The name of the accused, as sender of this speed post article, as well as the designation of the Secretary General, Rajya Sabha, as addressee of the speed post article, was written by the accused in his own handwriting.
• Upon being opened, the speed post article was found to contain a threatening letter (Ex. PW1/P-2) and a suspicious substance (Ex. P3) apart from a book from the Constitution of India (Ex. P1) and the Indian National Flag (Ex.P2).
• (a) The threatening letter (Ex. PW1/P-2) was typed upon the instruction of the accused and signed by the accused himself. (b) The threatening letter was explicit in expressing the intention to blow up the Parliament of India, using dynamite, on a specific date and time viz 11 o’clock on 30.09.2022 if the demands expressed in the letter by the accused were not met. 
• Although the substance in question does not constitute an “Explosive” under the Explosives Act,1884 or/and “Explosive Substance” under the Explosive Substances Act, 1908, the letter from the accused, threatening to blow up the Parliament building, constitutes a threat to cause destruction of property be fire, thereby rendering him liable for conviction under Part II of section 506 IPC.

For State: Additional Public Prosecutor Gyan Prakash Ray
For Accused: Advocate Himanshu Thakur,
Case Title: State v Kishore Samrite