NEW DELHI: Despite the Governments decision not to enforce Terrorist and Disruptive Activities (Prevention) Act (TADA) after May 23 and the introduction of Criminal Law (Amendment) bill in the Rajya Sabha, the fate of about 1000 odd under trials in the Capital remains undecided. While Tuesday was the deadline for the “draconian Act to lapse,” the presiding officers at the designated TADA courts are confused about how to deal with pending cases. They are expecting a flood of bail application: after May 23, but how under trials would actually beveled will depend entirely on the discretion of individual judicial officers. ‘When contacted by reporters, one of the two judges at the designated TADA courts in Tis Hazari said most any all the previous cases will tried in accordance with the various provision in TADA, “Normally, even after an act is repealed, the accused is tried, because at the time of his arrest, the act was in force, It happened some years ago. Nobody was booked after the Government repealed the old Act but the pending cases were tried in accordance with the old Act. However, the courts may take a lenient view on the bail applications especially since Section 20(B)(b) on conditions for bail has been scrapped in the new bill,” he said. even the view that the courts will consider the bail applications was debated by other presiding officers, While some felt that the courts will consider granting bail to only those accused Who have been booked for “less serious” offenses, on judge has said, bail applications will not be accepted.

“The particular section dealing with conditions for granting, bail has been scrapped in the new bill but when these people were booked, the section was very much valid, therefore, strictly speaking, they cannot be granted bail,” ‘armed one officer, Another judge noted that even now, when the Act is in force, several accused booked under sections of TADA carrying certain unauthorized arms in notified areas have been granted bail “Therefore, when the Act lapses, it will automatically mean that bail applications would be considered,” he said Though almost all the judicial officers dealing with TADA cases agreed that the trials against those booked before May 23 will continue, heir conviction at a time when the offences for which they are being sentenced are no longer offences, was another debatable point. “Till the time either a notification asking us to drop the conviction be found that effectively replaces the old one, the conviction or acquittal of an accused will again depend on the discretion of the presiding officers,” an officer observed.

One officer was firm on the view that when the trial has proceeded, the conviction should also take place in accordance with the old law.

Article extracted from this publication >> May 26, 1995