SAQUIB ABDUL HAMEED NACHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WRIT Petition No. 1742 of 2004 is filed by the petitioner praying for quashing the judgment and order passed by the Special court under Prevention of Terrorism Act, 2002 (hereinafter referred to as POTA, 2002 for the sake of brevity) rejecting the application of the petitioner for directing inquiry into the encounter dated 29-3-2003 for reasons mentioned in the order dated 13-5-2004.

(2.) WRIT Petition No. 1650 of 2004 is also filed by the same petitioner challenging the framing of charges by the Special Court in POTA Special Case no. 2 of 2003 pending before the Special Court. It also prays for directions regarding investigation into recoveries made under the panchanama dated 12th april and 19th April, 2003 in C. R. No. 21 of 2003 in POTA Special Case No. 2 of 2003.

(3.) CRIMINAL Appeal No. 983 of 2004 is also filed by the same petitioner, who is original accused No. 1 in the trial, challenging the order passed on 14th july, 2004 in POTA Special Case No. 2 of 2004 by the Special Court. By this order the learned trial Judge rejected the application of the appellant of not framing charges on the grounds mentioned therein. He thus challenges both by the writ petitions as also by the appeal, the proceedings before the learned trial judge in POTA Special Case No. 2 of 2003 on the ground mentioned therein basically that the entire case rests on the confessional statement made by the coaccused and user thereof, being assailed under section 15, nothing survives for the Court to proceed under the provisions of POTA.