BOMBAY: Two retired High Court Judges, Justice H.Suresh and Rajendra Sachhary, severely criticized the Supreme Court for upholding the Terrorists and Disruptive Activities Act (TADA) inspire of admitting to its misuse
While making a fervent plea for the repeal of TADA, the Judges said that there were sufficient provisions within the Indian Penal Code for trying sedition and terrorism
Citing the example of the two Punjab militants Jinda and the assassination of General AS Vaidya nearly a decade ago, justice Suresh said that the duo were sentenced under the provisions of IPC inspite of being arrested under TADA.
The Judges also criticized the declaration which notified a city as a terrorist affected area. Out of the 24 major Indian cities, 23 had notifications declaring them as terrorist affected arcos, Justice Suresh said. As in the case of Sanjay Dutt, anyone found possessing lethal weapons in such an area could be straightway be booked under TADA Justice Suresh said.
However, if a gangster was found carrying lethal weapons, he could not be booked under the Act since gang warfare was not considered under TADA.
The Judges said that the TADA was being used all over the country as an instrumental suppress dissent, thanks to its ridiculous provisions which made even prediction and prophecy a crime. Even retired Judges were being arrested under the provisions of TADA for merely speaking against the state, said Justice Suresh citing the example of Justice Ajit Singh Bains in Punjab.
“The Prime Minister, the Home Minister and the Minorities Cell all agree that TADA is being misused and yet the Act is not being repealed,” said the jurists.
Article extracted from this publication >> February 17, 1995
