JAVID AHMAD ZARGAR Vs. ATTORNEY GENERAL OF INDIA

JUDGEMENT

(1.) By this common Judgement, we propose to dispose of all the five petitions together.

(2.) A learned single Judge of this Court (Hon'ble) Mir, J.) while entertaining these petitions, issued notices of show cause and passing ad-interim directions vide order dated 2nd August, 1995, referred the cases for disposal to a Division Bench in terms of Rule 14(9) of the Jammu and Kashmir High Court Rules, 1975. It is because of this reference that the cases have come up before the Division Bench for hearing and disposal.

(3.) Notification issued vide S.O. 551(E) dated 17th June, 1995 by the Ministry of Home Affairs, Govt. of India, has been challenged in these five petitions. Vide this Notification, in exercise of the powers conferred upon the Central Government by Section 11(2) of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter to be referred as an Act for the sake of brevity) transferred some cases involving the petitioners herein pending before the Designated Court under the Act at Jammu to the Designated Court under the Act at Ajmer in the State of Rajasthan. In all these five cases, relating to various FIRs, offences under various Sections of the Act and other Penal Laws including Ranbir Penal Code and the Indian Arms Act were involved. It shall be advantageous to reproduce the relevant text of the Notification which reads as under :-