The Terrorist and Disruptive Activities (Prevention) Act, 1987: Act 28 of 1987-Constitutional validity of.

The Terrorist Affected Areas (Special Courts) Act, 1984: Act 61 of D 1984 Constitutional validity of

The Terrorist and Disruptive Activities (Prevention) Act, 1985 (Act 31 of 1985) Constitutional validity of

Central Legislature-Legislative competence of Held Acts fall within E the competence of Parliament Acts held covered by Entry I of List 1 of Seventh Schedule to Constitution.

Terrorism is not mere 'Public Order-It contemplates grave emergent situation affecting sovereignty and integrity of country.

Substantive Offences under the Acts require intention on the part of persons committing terrorist acts-Principle of speedy trial is contemplated and manifested under TADA Act.

'Public Order Scope of it is confined to disorders of lesser gravity G having impact within boundaries of State-Activities of serious nature threatening security and integrity of the country are related to defence of India.

The Terrorist and Disruptive Activities (Prevention) Act, 1987: Section 2(1)(a)(i) Abetment What is Clause held impermissibly vague-Intention is necessary to prove abetment. 

Section 2(1)(f) Notified area Declaration as to Government should make periodic review.

B

Section 3 (as amended by TADA (Prevention) Amendment Act, 1993) and Section 4-Terrorist Acts-Disruptive Activities Offences also covered by ordinary laws Provision for harsh punishment under TADA Act-In view of the object and purpose of Act Sections held not violative for absence of guiding principle whether to proceed under ordinary law or TADA.

Section 5 Mere possession of arms and ammunition-Whether suffi- cient to prove offence.

Section & Provision for forfeiture of property Held not violative of Anicles 14 and 21.

Section 9-Designated Courts-Validity of Held not violative of Entry 65 List II and Articles 233, 234 and 235 of Constitution.

Section 9(7) Designated Court-Judge-Superannuation Provision for continuance after superannuation Held not violative of Article 21-Provision does not affect independence of judiciary-However at the time of appointment it should be ensured that Judge has sufficient tenure.

Section 11(2)(3) Held not violative of Article 14-Designated

Courts Order of transfer of cases Concurrence of Chief Justice of India is sine qua non-According of concurrence by CJI is a statutory function and not a Judicial function According of concurrence though imperative but passing of transfer order by Government is not imperative Concurrence by

CJI is not open to Judicial Review but final order of transfer passed by Government is subject to Judicial Review.

Section 15(As amended by TADA (Amedment) Act, 1993) Confes- sion-What is Confession to Police Officer not below in rank of Superintendent of Police-Admissibility of Fairness in recording the confession-

Section 15 held not violative of Articles 14 and 21-Duty of Court deciding admissibility of confession-What is Oppressive and brutal behaviour in

obtaining confession deprecated Guidelines for ensuring fairness in obtaining confession laid down-Amendments in Act & Rules suggested Section 16(1) (As it stood prior to its amendment in 1993)

Designated Court-Conduct of proceeding in Camera-Legality of Right to open trial is not absolute.

Section 16(2) (3) Designated Court-Withholding the identity of witnesses by Legality of Held there is no constitutional or statutory constraint against keeping the identity of witnesses secret in extraordinary circumstances.

Section 19 Provision for direct appeal to Supreme Court-Held valid In view of the abnormal procedure Necessary amendment of Section suggested.

Section 20(3) Executive Magistrate Power to record confession-Section held not violative of Articles 14 and 21 empowering Executive Magistrate C to record confession is not contrary to criminal jurisprudence.

Section 20(4) (As amended by Act 43 of 1993) Provision for trans- mission of accused to Executive Magistrate and extending the period of detention-Held not ultra vires.

Section 20(7) Offences punishable under TADA-Exclusion of anticipatory bail in respect of Held not violative of personal liberty.

Section 20(8) Bail in respect of TADA offences Imposition of conditions for grant of bail in addition to existing conditions under the Code of Criminal Procedure-Held not unreasonable.

Section 22-Provision that identification of proclaimed offenders on the basis of photograph shall have same evidentiary value as evidence of test identification parade held invalid.

The Terrorist Affected Areas (Special Courts) Act, 1984:

Section 2(1)(i) Terrorist affected areas Declaration of State Government should make periodic review as to.

Section 3-Central Government-Power to declare 'terrorist affected' area Constitution of Judicial Zone-Section held not vague and without guidelines Declaration of terrorist affected areas Essential prequisites for-What are.

Constitution of India, 1950:

Articles 245, 246 and 248-Seventh Schedule List I-Entries 1, 2, 24

97-List II-Entries 1, 2 and 97-List III-Entries 1 and 2-Scope of.

Seventh Schedule Legislative Entries Principles of construction- Entries should not be construed in a narrow and pedantic manner-Widest amplitude should be given to entries Duty of court Examination with reference to doctrine of 'Pith and substance'.

Doctrine of 'Pith and substance-What is.

Article 14-Classification-Test of What is Existence of two procedures-One procedure harsh and oppressive against other Reasonableness and validity of.

Legislature Power to make classification of 'offences and offenders Classification of offences and offenders under TADA held not discriminatory.

Article 20(3)-Testimonial compulsion Protection against-Scope of.

 Article 21-Personal liberty-Scope and object of Exclusion of provision of anticipatory bail in respect of TADA offences-Held not violative of Article 21.

Imposition of conditions for grant of bail in respect of TADA offences-Held not violative of Article 21.

Procedure established by law-Procedure as well as substantive law-Need for just and faimess in.

Human Rights Police Extorting of confession Use of third degree methods for Deprecation of.

Speedy trial-Need for Speedy trial is contemplated by TADA Acts.

Article 50-Separation of Powersticiary-Executive conferment of judicial functions on Executive Magistrates Held not contrary to Article 50.

Article 226-Power to entertain bail applications in respect of TADA offences-Held High Court has jurisdiction to entertain such an application-But such power should be exercised most sparingly in rare cases-Judicial discipline and comity requires that High Courts should refrain from exercising jurisdiction in bail applications under special Acts.

Doctrine of Comity Applicability of.