Hon'ble Judges/Coram:
R.M. Sahai, S.R. Pandian, M.M. Punchhi, K. Ramaswamy and S.C. Agrawal JUDGMENT
S.R. Pandian, J.
1. The above batch of matters consisting of a number of writ petitions, criminal appeals and SLPs are filed challenging the vires of the Terrorist Affected Areas (Special Courts) Act (No. 61 of 1984), the Terrorists and Disruptive Activities (Prevention) Act (No. 31 of 1985) and the Terrorists and Disruptive Activities (Prevention) Act, 1987 (No. 28 of 1987) commonly known as TADA Acts (hereinafter referred to as the Act of 1984, Act of 1985 and Act of 1987 respectively) and challenging the constitutional validity of Section 9 of the Code of Criminal Procedure (U.P. Amendment) Act, 1976 (U.P. Act No. 16 of 1976) by which the Legislative Assembly of Uttar Pradesh has deleted Section 438 of the Code of Criminal Procedure as applicable to the State of Uttar Pradesh.
Though originally, a number of other matters falling under various Acts such as the U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986 (U.P. Act 7 of 1986), the Prevention of Illicit Traffic Ed. : For clarification see Editor's Introductory Note at the beginning of the head note. 615 of Narcotics 'Drugs and Psychotropic Substances Act, 1988 and some
provisions of the Conservation of Foreign
Exchange and Prevention of
Smuggling Activities Act, 1974 (COFEPOSA), were listed for hearing, we have fully and conclusively heard only the matters pertaining to the Act of 1984, Act of 1985 and Act of 1987 and U.P. Act 16 of 1976.
Therefore, we are now rendering a common judgment pertaining to the vires of these three Acts and Section 9 of U.P. Act 16 of 1976. At the same time, we make it clear that the merits of the individual cases will have to be decided separately after the validity of these three Acts is decided.
2. Before going to the question of the validity of these three Acts, we feel that a factual and archival account and exposition of the three relevant Acts may be summarised.
PREFATORY NOTE OF THE THREE ACTS:
3. (A) THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 (ACT 61 OF 1984)
The above Act 61 of 1984, applicable to the whole of India except the State of Jammu and Kashmir received the assent of the President on August 31, 1984 replacing Ordinance No. 9 of 1984 promulgated on July 14, 1984, the object of which is to provide for the speedy trial of certain offenses in terrorist affected areas and for matters connected therewith. Section 2(1) of this Act defines the expression "terrorist affected area" as an area declared as a "terrorist affected area" under Section 3 which provision empowers the Central Government by notification to declare any area to be "terrorist affected area" and constitute such area into a single judicial zone or into as many judicial zones as it may deem fit provided in its opinion the offenses of the nature specified in the Schedule appended to that Act are being committed in any area by terrorists on such a scale and in such a manner that it is expedient for the purpose of coping with such terrorists to have recourse to the provisions of the Act. The notification issued under Section 3(1) in respect of an area should s........