SARDARJI MAGANJI WAGHELA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the present petition, the petitioner has challenged the opinion of the Review Committee (hereinafter referred to as "the Committee" formed under the Prevention of Terrorism (Repeal) Act, 2004 (hereinafter referred to as the "repeal Act". In the petition, the following prayers were made: (a ). Issue a writ or order or direction of an appropriate nature quashing the notification dated 4. 11. 2004 establishing Review Committee itself, being Annexure-A to the writ petition; (b) Issue a writ or order or direction of an appropriate nature quashing the report dated 16. 5. 2005 passed by the Review Committee in ir I-9 of 2002 registered with Godhara Railway Police Station being Annexure-B to the writ peititon.

(2.) REPLYING to the arguments, the following submissions have been made by Mr. Gopal Subramaniam, learned Additional Solicitor General.

(3.) MR. Kamal Trivedi, learned Advocate General appearing for the State of Gujarat while supporting the petitioner, submitted that the order of the Committee is a perverse order. This is the opinion which is against the weight of the evidence. He referred to the statement on record of the witnesses.