GIRISH CHANDRA KAKATI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this application the petitioner Girish Chandra Kakoty complains against his arrest and detention and prays for quashing the FIR.

(2.) THE petitioner was arrested on 1 -12 -90 by the army authority and on the very same day the army authority made him over to the officer in charge of the Sibsagar Police Station, and the civil police arrested him in connection with FIR case No. 423 of 1990 Under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, for short 'the TADA Act'. In the list of the accused in the FIR, serial No. 15 shows the name of the accused as 'Mr. Kakoty'. However, in the body of the report, it is stated : 'Mr. Kakoty of Jayshree Gas Co.'.

(3.) IT may be stated here that originally the petition was filed under Article 226 of the Constitution, but the petition was converted to as one Under Section 482, Cr. P.C. at the prayer of the learned counsel for the petitioner. In that view of the matter, Mr. M. A. Laskar, learned Additional Advocate General Assam has contended that High Court has no jurisdiction to exercise its power Under Section 482, Cr. P.C. to quash the FIR in question. In order to support his contention learned Additional Advocate General has referred us to a decision of the Supreme Court reported as Ushmanbhai v. State of Gujarat, AIR 1988 SC 922: (1988 Cri LJ 938). In that case in para 16, the Supreme Court has held: Under the scheme of the Act (the TADA Act), there is complete exclusion of the jurisdiction of the High Court in any case involving the arrest of any person on an accusation of having committed an offence punishable under the Act (the TADA Act) or any Rules made thereunder. (Words within brackets supplied)