PRAKASH KUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these appeals are directed against the judgment and order dated 19th March, 2001 passed by the Designated court No. 3 at Ahmedabad in Terrorist Case no. 2 of 1997, Terrorist Case No. 33 of 1994 and Terrorist Case No. 16 of 1995. The two Judge bench before whom these appeals were posted for hearing referred the matters to a three-Judge Bench by an order dated 24.9.2002. The said Order reads as under:

(2.) In turn, the three-Judge Bench by an order dated 9.3.2004 has referred the matters to a five-Judge Bench. The order reads :

(3.) The Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the Act) is a piece of Legislation containing 30 Sections. Though miniature legislation, the act tends to be very harsh and drastic containing the stringent provisions to combat the menace of terrorism which has taken an endemic form indulging in wanton killings, arson, looting of properties and other heinous crimes affecting human rights and individual liberty. The constitutionality of the Act has been concluded by the Constitution Bench of this court in Kartar Singh Vs. State of Punjab, (1994) 3 SCC 569. The validity of Section 15 of the Act which would be relevant for the present purpose has been held to be intra-virua the Constitution. In paragraphs 217, 218, 220, 222, 236 and 243 it is said :