SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On the backdrop of escalation of terrorist activities in the country, Parliamentary wisdom prompted it. to introduce in the Statute Book the Terrorist and Disruptive Activities (Prevention) Act, 1985 and since there was an expectation that the activities concerned would be curbed within a period of two years, life of the said Act of 1985 as restricted to a period of two years from the date of its commencement. But unfortunately, the terrorist violence continued unabated and resultantly the Government thought it prudent to extend the life of the legislation from time to time. In one of the earliest pronouncements of this Court after the introduction of the said Act, this Court in Usmanbhai Dawoodbhai Memon and others v. State of Gujarat (1988 (2) SCC 271) in no uncertain terms stated that the intendment of the legislation is to provide special machinery to combat the growing menace of terrorism in different parts of the country. This Court also did emphasise that since the legislation is a drastic one, the same should not ordinarily be resorted to unless the government's law enforcing machinery fails. In paragraphs 17 and 18 of the Report this Court observed :

(2.) One other aspect of the special statute (Terrorist and Disruptive Activities (Prevention) Act) ought to be noted in order to give credence to the legislative wisdom by reason of the incorporation of Section 12 therein. For convenience sake Section 12 is noticed hereinbelow :

(3.) Obviously, the effort on the part of the legislature is not to have two sets of trial, one under general law and the other under special statute and availability of such a power cannot but be ascribed to be in tune with the jurisprudence of the country. Be it noted that the instant appeal is statutory in nature in terms of the provisions of Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and arises against the judgment and decision of the Designated Court of Ferozepur in Sessions Trial No. 28 of 2000.