UNION OF INDIA Vs. MOHAMMAD SADIQ RATHER

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal has been filed on behalf of Union of India for setting aside an order passed by the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as "the TADA Act"), directing the release of the respondent on bail, on a finding that there are reasonable grounds for believing that the said respondent was not guilty of the offence under the Act aforesaid.

(3.) Mushir-ul-Haq, Vice-Chancellor of Kashmir University, and his Private Secretary, Abdul Gani, were abducted on 6-4-1990 by the militants. In connection with the said incident a first information report was lodged for offences under Ss. 364, 341 and 120-B of the Penal Code and S. 3 of the TADA Act. Both the hostages were killed on 10-4-1990 as the State Government did not yield to the demands of the terrorists. Thereafter, S. 302 of the Penal Code was also added. The investigation of the case was transferred to the central Bureau of Investigation (hereinafter referred to as "the CBI") by a notification issued by the Government of India. After investigation, charge-sheet was submitted on 23-11-1991 before the Designated Court under the TADA Act at Jammu against 15 accused persons including respondent Mohd. Sadiq Rather.