(1.) - In the instant writ petition the petitioner has challenged the validity and propriety of the cognizance taken by the Designated Court constituted under Section 9 of the Terrorist and Disruptive Activities (Prevention) Act 1987 (hereinafter referred to as the TADA Act) presided over by the learned Judge l2th Bench of the City Civil Court, Calcutta of the case arising out of Section H (Bowbazar P.S.) Case No. 84 dated 17/03/1993. The petitioner has also prayed for declaration that the said cognizance taken as also all subsequent proceedings relating thereto to be illegal, void and inoperative in law. In the instant writ petition the provisions of the said TADA Act have also been challenged as ultra vires the Constitution of India. Since, however, the vires of the said statute which has been challenged in the instant writ petition it was also the subject matter of a proceeding pending in the Supreme Court of India, in the case of Kartar Singh v. State of Punjab and Kripa Shankar Rai v. The State of U.P. the petitioner, although he has not given up the said question has made his submissions on other questions.
(2.) The brief facts leading to this instant writ petition inter alia are that on the evening of 16/03/1993 an explosion occurred at or near premises No. 267, B.B. Ganguly Street, Calcutta. As a result of the explosion several persons died, others were injured and premises No. 267, B.B. Ganguly Street and some buildings adjoining it collapsed and/or were badly damaged.
(3.) On 17/03/1993 one B. K. Chattopadhyay, a Sub-Inspector of Police, attached to the Bowbazar Police Station, lodged a complaint regarding the said incident at the said Police Station. The said complaint was treated as a First Information Report and on that basis a case was registered in the said Bowbazar Police Station under Sections 120B/436/326/307 of the Indian Penal Code and Sections 3 and 6 of the Explosives Substances Act. The said case was numbered as Section H (Bowbazar Police Station) Case No. 84 dated 17/03/1993. Copy of the said complaint has been filed and marked Annexure 'A' to the writ petition. The complaint records that on hearing a loud sound from Bipin Behari Ganguli Street, the complainant proceeded to the place of occurrence of explosion, observed the damage caused by it and he arranged for removal of the injured persons to hospitals. He also collected materials for examination and examined a good number of persons. On the basis of such enquiry, the complainant arrived at the following conclusion:
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