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Showing contexts for: Terrorist act in Prakash Kumar @ Prakash Bhutto vs State Of Gujarat on 12 January, 2005Matching Fragments
In turn, the three-Judge Bench by an order dated 9.3.2004 has referred the matters to a five-Judge Bench. The order reads:-
"This matter has been referred to a 3-Judge Bench doubting the correctness of the decision in State Vs. Nalini, 1999 (5) SCC 253 as to admissibility of a confession in terms of Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. It is stated that there are similar provisions available even under Prevention of Terrorist Activities Act (POTA). If really the question as posed by the 2-Judge Bench is to be answered, it could only be done by a Bench of 5 Judges as Nalini's case (supra) has been decided by a bench of three learned Judges. Therefore, this matter is referred to 5-Judge Bench. The Registry is directed to place the papers before Hon'ble the Chief Justice of India for appropriate orders."
236. Keeping the above proposition, we have to decide whether the provisions of Section 15 of the 1987 Act (TADA) contravene Article 14. True, if the classification is shown to be arbitrary and unreasonable and without any substantial basis, the law would be contrary to the equal protection of laws by Article 14.
243. The above decision, in our view, cannot be availed of for striking down Section 15 of TADA Act because the classification of 'offenders' and 'offences' to be tried by the Designated Court under the TADA Act or by the Special Courts under the Act of 1984, are not left to the arbitrary and uncontrolled discretion of the Central Government but the Act itself has made a delineated classification of the offenders as terrorists and disruptionists in the TADA Act and the terrorists under the Special Courts Act, 1984 as well as the classification of offences under both the Acts.
The 1987 Act was further amended by an Amending Act 43 of 1993. The Statement of Objects and Reasons to Amending Act are as follows:-
"The Terrorist and Disruptive Activities (Prevention) Act, 1985 was enacted on 23rd May, 1985 in the background of escalating terrorist activities in many parts of the country. The Act came into force with effect from 24th May, 1985 with the stipulation that it would remain valid for a period of two years with effect from the date of its commencement as it was hoped at that time that it would be possible to control, the menace of terrorism in a period of two years. Unfortunately, terrorist violence has continued unabated, necessitating the Government to periodically extend the Act on the due dates in 1987, 1989 and 1991. The life of the Act is now due to expire on the 23rd May, 1993. The views of the State Governments were obtained while processing these extensions and most of them had recommended extension of the Act.
Counsel also urged that the rigours of Section 12 is discriminatory and attract the wrath of Articles 14 and 21 of the Constitution as it empowers the Designated Court to try and convict the accused for the offences committed under any other law along with the offences committed under the TADA thereby depriving the rights available to the accused under the ordinary law. In our opinion, this contention is misconceived. It is trite law that Article 14 prohibits discrimination, but allows reasonable classification based on intelligible differentia, having nexus with the object sought to be achieved. The object sought to be achieved by introducing Section 12 is to take care of the offence connected with or incidental to terrorist activities. The other offence being connected and inextricably inter-twined with the Terrorist Act. As already pointed out in Kartar Singh (supra) the Trial under TADA is a departure from the ordinary law. The persons who are tried for offences specified under the provisions of TADA are a distinct class of persons and the procedure prescribed for trying them for the aggravated and incensed nature of offences are under different classification distinguishable from the ordinary criminals and procedure. This distinction and classification of grouping of the accused and the offences to be tried under TADA are to achieve the meaningful purpose and object of the Act as reflected from the preamble as well as the statement of objects and reasons.