S. RATNAVEL PANDIAN - (1.) THE Judgments of the court were delivered by (on behalf of himself, Punchhi, J., K. Ramaswamy, J., Agrawal, J. and Sahai, J.)
(2.) THE above batch of matters consisting of a number of writ petitions, criminal appeals and Special Leave Petitions are filed challenging the vires of the Terrorist Affected Areas (Special courts) Act (No. 61 of 1984, the Terrorists and Disruptive Activities (Prevention) Act (No. 31 of 1985 and the Terrorists and Disruptive Activities (Prevention) Act, 1987 (No. 28 of 1987 - commonly known as TADA Acts - (hereinafter referred to as the Act of 1984, Act of 1985 and Act of 1987 respectively) and challenging the constitutional validity of Section 9 of the Code of Criminal Procedure (U.P. Amendment) Act, 1976 (U.P. Act No. 16 of 1976 by which the Legislative Assembly of Uttar Pradesh has deleted Section 438 of the Code of Criminal Procedure as applicable to the State of Uttar Pradesh. Though originally, a number of other matters falling under various Acts such as the U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986 (U.P. Act 7 of 1986, the Prevention of Illicit Traffic 615 of Narcotics Drugs and Psychotropic Substances Act, 1988 and some provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), were listed for hearing, we have fully and conclusively heard only the matters pertaining to the Act of 1984, Act of 1985 and Act of 1987 and U.P. Act 16 of 1976. Therefore, we are now rendering a common judgment pertaining to the vires of these three Acts and Section 9 of U.P. Act 16 of 1976. At the same time, we make it clear that the merits of the individual cases will have to be decided separately after the validity of these three Acts is decided. Before going to the question of the validity of these three Acts, we feel that a factual and archival account and exposition of the three relevant Acts may be summarised.
(3.) THE above Act 61 of 1984, applicable to the whole of India except the State of Jammu and Kashmir received the assent of the President on 31/08/1984 replacing Ordinance No. 9 of 1984 promulgated on 14/07/1984, the object of which is to provide for the speedy trial of certain offences in terrorist affected areas and for matters connected therewith. Section 2(1 of this Act defines the expression "terrorist affected area" as an area declared as a "terrorist affected area" under Section 3 which provision empowers the central government by notification to declare any area to be "terrorist affected area" and constitute such area into a single judicial zone or into as many judicial zones as it may deem fit provided in its opinion the offences of the nature specified in the Schedule appended to that Act are being committed in any area by terrorists on such a scale and in such a manner that it is expedient for the parpose of coping with such terrorists to have recourse to the provisions of the Act. THE notification issued under Section 3(1 in respect of an area should specify the period during which the area shall for the purpose of this Act be a "terrorist affected area". As per Section 3(2 a notification under Section 3(1 in respect of an area specifying the period during which the area shall for the purpose of this Act, be a terrorist affected area, and where the central government is of the opinion that the terrorists had been committing in that area from the date earlier than the date of issue of the notification, offences of the nature specified in the Schedule on such a scale and in such a manner that it is expedient to commence the period specified in the notification from such earlier date, the period specified in the notification may commence from that date subject to the proviso thereto. This Act contains 21 S. relating to the establishment of special courts, their composition, jurisdiction and appointment of judges and provision for an appeal as a matter of right from any judgment, sentence or order (not being an interlocutory order) of a special court to the Supreme court both on facts and law. 616;