Judgment

SEN, J.:- This appeal by special leave and the connected special leave petitions are directed against the judgment and order of the Gujarat High Court dated May 12, 1987 and the orders passed by various Designated Courts in the State constituted under S. 9(1) of the Terrorist & Disruptive Activities (Prevention) Act, 1987, mainly raise two questions of substantial importance. First of these is as to the jurisdiction and power of the High Court to grant bail under S. 439 of the Code of Criminal Procedure, 1973 or by recourse to its inherent powers under S.482 to a person held in custody accused of an offence under Ss. 3 and 4 of the Act, and secondly, as to the nature of the restraint placed on the power of the Designated Courts to grant bail to such person in view of the limitations placed on such power under S. 20(8) of the Act.

2. By the judgment under appeal, the High Court has held that under the Act there is total exclusion of the jurisdiction of the High Courts and therefore it cannot entertain an application for grant of bail under S. 439 of the Code. In other cases, the persons under detention have applied for grant of special leave under Art. 136 of the Constitution