- (1.) One Anna Shetty was facing trial for murder of one Duni Chand Kalani. Duni Chand Kalani is said to be the uncle of one Pappu Kalani. He was an accused in a murder case. The said Anna Shetty was murdered in Jail. Anna Shetty was released from Jail on 15.10.1990. He was murdered on the same day. The appellant was an accused therein with many others. The said murder took place in view of the long standing enmity between two gangs belonging to Gopal Rajwani and Pappu Kalani. A First Information Report was lodged u/s. 302/307 of the Indian Penal Code as also under the Arms Act. Appellant, however, along with others, were also charged under Terrorist and Disruptive Activities (Prevention) Act (hereinafter referred to as TADA).
(2.) Indisputably, a Constitution Bench of this Court in Kartar Singh V/s. State of Punjab, 1994 2 JT 423 while upholding the validity of TADA directed constitution of a Committee to review the cases pending thereunder for the purpose of making recommendations to the Government, so as to enable it to consider the matters where in its opinion, the charges under TADA were required to be dropped and the matters for the prosecution thereunder should continue.
(3.) Kartar Singh (supra) was explained by this Court in R.M. Tewari V/s. State (NCT of Delhi) and Others, 1996 2 JT 657 in the following terms: "10. The observations in Kartar Singh 1 have to be understood in the context in which they were made. It was observed that a review of the cases should be made by a High Power Committee to ensure that there was no misuse of the stringent provisions of the TADA Act and any case in which resort to the TADA Act was found to be unwarranted, the necessary remedial measures should be taken. The Review Committee is expected to perform its functions in this manner. If the recommendation of the Review Committee, based on the material present, is, that resort to provisions of the TADA Act is unwarranted for any reason which permits withdrawal from prosecution for those offences, a suitable application made u/s. 321 of the Criminal Procedure Code on that ground has to be considered and decided by the Designated Court giving due weight to the opinion formed by the public prosecutor on the basis of the recommendation of the High Power Committee. 11. It has also to be borne in mind that the initial invocation of the stringent provisions of the TADA Act is itself subject to sanction of the Government and, therefore, the revised opinion of the Government formed on the basis of the recommendation of the High Power Committee after scrutiny of each case should not be lightly disregarded by the court except for weighty reasons such as mala fides or manifest arbitrariness. The worth of the material to support the charge under the TADA Act and the evidence which can be produced, is likely to be known to the prosecuting agency and, therefore, mere existence of prima facie material to support the framing of the charge should not by itself be treated as sufficient to refuse the consent for withdrawal from prosecution. It is in this manner an application made to withdraw the charges of offences under the TADA Act pursuant to review of a case by the Review Committee has to be considered and decided by the Designated Courts.";