MAHMADHUSEN ABDULRAHIM KALOTA SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted in SLP (Crl.) No.3015-3016/2005. The appellants in these two appeals are the kith and kin of some persons killed in the Godhra Train Burning incident and in the Akshardham Temple attack. They2 have challenged the judgment dated 13.4.2005 of the Gujarat High Court in SCA Nos.1103 & 1105/2005 filed by them. For convenience, the appellants in these two appeals will be referred to as the 'relatives of victims'.

(2.) The appellants in Criminal Appeal Nos.1113/2005, 1498- 1500/2005, 359/2006, 734/2007, 735/2007 and 736/2007 are persons who have been charged in respect of offences under the provisions of the Prevention of Terrorism Act, 2002, in terrorism related cases. In these appeals, they have also challenged the said judgment dated 13.4.2005 of the Gujarat High Court in SCA Nos.1103 & 1105 of 2005, and other judgments of the said High Court and the judgment of the Bombay High Court which follow the said decision. The appellants in these appeals will be referred to as 'POTA accused'.

(3.) These appeals involve questions relating to the constitutional validity as also the interpretation of section 2(3) and (5) of Prevention of Terrorism (Repeal) Act, 2004. While the relatives of victims are aggrieved by the rejection of their challenge to section 2(3) and (5) of the said Act, the POTA accused are aggrieved by the direction to read section 2(3) subject to section 321 of Code of Criminal Procedure, 1973. To appreciate the rival contentions, the reasons that led to enactment of the Prevention of Terrorism Act, 2002 and its repeal, require to be noted.