NEW DELHI: There is some ray of hope for a large number of imprisoned persons, including women, facing trial under the provisions of the expired terrorist and Disruptive Activities (Prevention) Act (TADA).
‘The Supreme Court on Sept. 11th felt that “there may be some grey area” in the provision which allows continuation of trials under TADA even when it is expired.
The court made this observation while hearing a petition challenging the provision permitting the continued trial of a TADA accused.
A bench of Dr. Justice A.S. Anand and Justice G.T. Nanavati granted four weeks’ time to make their sub missions to former attorney general G. Ramaswamy, who said no more trial under non bailable TADA could goon now, and additional solicitor general K.T. Tulsi, who said the issue had been settled in a judgment passed on July 21 last. A copy of the July 21 judgment of Justice G.N, Ray and Justice S.B. Majumdar rejecting TADA accused Abdul Aziz’s wnit petition challenging his continued trial under the expired Act was made available Monday.
Tulsi apprehended that with the court’s hearing on the validity of trials under the provisions of TADA after its expiry on May 23 of a large number law suits across the country might get affected. The court said although no notice was being issued to the Center on the petition Tulsi should be prepared to show that trials under TADA even after its expiry were levitate in-law Legal experts felt that with the court’ observation Monday, “hundreds of TADA accused who are incarcerated for want of bail will see alittle ray of hope.” Ramaswamy, arguing for Abdul Rashid who is facing trial for preparing bombs which rocked Calcutta two years ago, said the legislature could not create two classes of accused one tribals under TADA and the other under the Criminal Procedure Code although they committed the same crime after May 23.
He said Section 1(4) of TADA, which permits trial even after its expiry, was discriminatory and violate of Article 21 of the constitution as it was oppressive and unfair. He said TADA was enacted for eight years and it was a “temporary law,”” which has become discriminatory with the creation of two classes of accused pre expiry TADA and post expiry TADA. — While Tulsi submitted that a constitution bench had already upheld the validity of TADA, including Section 1(4), in the Kartar Singh case, Ramaswamy said no arguments were made on this aspect.
The state must justify “discrimination,” Ramaswamy argued while the court said it would have to be seen “what survives and to what extent after expiry of TADA.”
Article extracted from this publication >> September 15, 1995
