JOGINDER SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal is directed against the judgment of the Designated court, Delhi, whereby the appellant who was charged with having committed an offence punishable under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA) has been convicted of the said offence and has been sentenced to rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000. 00 and in default of payment of fine to undergo rigorous imprisonment for another two months. The learned counsel for the appellant has submitted that the conviction of the appellant cannot be sustained in view of the decision of this court in Kartar Singh v. State of Punjab. In the said case R. M. Sahai, J. has construed Section 5 of TADA and has expressed his view in the following terms :

(2.) The matter may be placed before Hon'ble the chief justice of India for suitable directions in this regard.

(3.) Liberty is given to the parties to mention for a date of hearing of the appeal.