SHAHEEN ZAINAB Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution by accused No. 31 in Sessions Case No. 207 of 1993, which is a case filed under some sections of the Indian Penal Code, Arms Act and Explosives Substances Act, read with Ss. 3(1)(3) and 4 to 6 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'TADA Act').

(2.) The learned counsel for the petitioner submitted that there is no accusation at all against the petitioner either of having committed an offence or having abetted the commission of any offence and that in the absence of an accusation either of committing an offence or having abetted the commission of such offence, the designated Court has no jurisdiction to entertain the case. The learned counsel for the petitioner further submitted that merely because the District Magistrate has granted sanction to prosecute the petitioner under the provisions of the Arms Act, the designated Court has no jurisdiction to entertain the case under the provisions of TADA Act and that the impugned order is liable to be interfered with under Art. 227 of the Constitution.

(3.) He further argued that the only material sought to be relied upon by the prosecution is the alleged confession of the co-accused and even by relying upon the said confession, it does not amount to the abetment 'terrorist act'.