SURESH RAMTIRATH YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This matter was heard at the admission stage at length on several days and with the consent of the parties, it was treated as final hearing. We, therefore, issue rule. Mr. G.D. Bhatt, learned Addl. P.P., waives service of rule on behalf of the respondent.

(2.) The petitioner has come forward with the present Special Criminal Application for the purpose of issuing a writ of habeas corpus or any other writ, order or direction in the nature of habeas corpus, declaring the detention of the petitioner as illegal. There are further prayers to the effect that the petitioner should be released on bail with necessary terms and conditions and that the Designated Judge, before whom the case of the petitioner is pending, should be directed to proceed forthwith without any delay.

(3.) The petitioner (accused No. 29) is one of the accused among the 63 accused committed to the Court of Designated Judge, City Civil and Sessions Court, Ahmedabad, under the Terrorist and Disruptive Activities. (Prevention) Act, 1985 in pursuance of the complaint lodged by P.S.I. Mr. M.K. Parmar on 12-7-1986 regarding the incident which had taken place at about 9.00 hours on 12-7-1986. The petitioner was arrested on 12-8-1986 and a case was registered as Terrorist Case No. 1 of 1987. On 4-12-1987, the Designated Judge has framed the charge against the present petitioner and 62 others and the petitioner pleaded not guilty to the charge on 4-12-1987. From 4-12-1987 till today, according to the petitioner, the case was adjourned for more than 65 occasions and has not yet been concluded. It is the further say of the petitioner that it is only on 9-3-1988 the prosecution has examined the first witness in Terrorist Case No. 1 of 1987.