SHAKAMURI APPARAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The two petitioners herein are A-1 and A-2 in S.C.No.442 of 1993 on the file of the Additional Metropolitan Sessions Judge, Hyderabad, the designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987, (for short "TADA Act"). By this application filed under Article 226 of the Constitution of India for issue of a writ of habeas corpus, they are seeking a declaration that their continued detention in jail is illegal, arbitrary and violative of Articles 14,19, and 21 of the Constitution of India and consequential discharge from the provisions of the TADA Act and Sections 120-8,121,122 and 123 of the Indian Penal Code.

(2.) The Inspector of Police, Sanjeeva Reddy Nagar Police Station on 11-2-1993 arrested die two petitioners herein and seized from their possession, under panchanama, two fire arms- (i) one A.K.47 rifle with 60 rounds;and (ii) one s ten- gun- and also 630. 250 grams of gold worth about Rs.2 lakhs, 330 rounds of different types of ammunition, gun powder, cameras, wrist watches and literature pertaining to a banned Organisation - Peoples War Group. He arrested them under the provisions of Sections 120-B, 121,122 and 123 IPC, Section 3 (i) (iii), 4,5 and 6 of TADA Act and Sections 25 and 27 of the Indian Arms Act. Apart from being members of a banned organisation and in possession of fire arms, a further allegation against both the accused is that they were responsible for the murder of Sri Vyas, a former Deputy Inspector General of Police. After registering a case in Crime No.78 of 1993 under the above Sections, he took up investigation. Both the accused were produced before the Special Executive Magistrate, who remanded them in police custody for a period of thirty days and directed that they shall be produced before the designated Court on 15-3-1993. The police produced both the accused before the Metropolitan Sessions Judge, Hyderabad, the designated Court on 4-3-1993 and requested for judicial custody for a period of 60 days pending further investigation. While granting judicial remand, the Metropolitan Sessions Judge made the following endorsement:

(3.) Act No.43 of 1993, by which the TADA Act was amended in certain respects, came into force on 22-5-1993. One of the amended provisions as incorporated in sub-section (2) of Section 20-A is to the effect that "no Court shall take cognizance of any offence under this Act without the previous sanction of the Inspection General of Police or as the case may be, the Commissioner of Police."