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2003 Supreme(SC) 1273

G.P.MATHUR, S.RAJENDRA BABU
Peoples Union For Civil Libertiespetitioners – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Rajendra Babu, J.-

W.P. (C) No. 389/2002 & W.P. (Crl.) No. 89/2002 :

In this batch of Writ Petitions before us the Constitutional validity of various provisions of the Prevention of Terrorism Act, 2002 (hereinafter POTA) is in challenge.

2. The Petitioners contended before us that since the provisions of POTA, in pith and substance, fall under the Entry 1 (Public Order) of List II Parliament lacks legislative competence. To authenticate this contention, the decision in Rehman Shagoo & others V. State of Jammu Kashmir, 1960 (1) SCR 680, is relied upon. According to them, the menace of terrorism is covered by the Entry "Public Order" and to explain the meaning thereof, our attention is invited to decisions in Romesh Thaper v. State of Madras, 1950 SCR 594, Dr. Ram Manohar Lohia V. State of Bihar, 1966 (1) SCR 709, and Madhu Limaye V. SDM, Monghyr, (1970) 3 SCC 746. The Petitioners thus submitted that terrorist activity is confined only to State(s) and therefore State(s) only have the competence to enact a legislation.

3. The learned Attorney General refuting this contention submitted that acts of terrorism, which are aimed at weakening the sovereignty and integrity of the coun

























































































































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