ORDER

Crl.M.P.Nos. 4506/2007 @ Crl.A.No. 1113/2005, Crl. M.P. Nos.5639, 5640, 5641 AND 5642 of 2007 @ Crl.A.Nos. 1651-1652/2008, which are connected cases, are also taken on board, at the request of learned counsel.

2.These are bail applications/applications for impleadment by the accused petitioners filed in POTA/criminal cases pending on the files of Special POTA Judge, Sabarmati, Ahmedabad and other courts in regard to POTA cases registered with Godhra police station, , Crime Branch, Ahmedabad City and Ellisbridge Police Station, Ahmedabad. In some of these cases, bail applications were rejected by the Special Judge and in some cases the same were rejected by the High Court and in some other cases by this Court.

3.Subsequently the Prevention of Terrorism (Repeal) Act, 2004 (for short ‘the Repealing Act’) was enacted. Certain provisions of the said Act were challenged. This Court, by judgment dated 21.10.2008, upheld the validity of Section 2(3) and (5) of the Repealing Act and also passed the following directions :

1.“the judgments under challenge to the extent they declare Section 2(3) and (5) of the Repealing Act are not unconstitutional, are upheld;

2.the judgments under appeal ar