JUDGMENT

Dr. Mukundakam Sharma, J. —

INTRODUCTION

1.This matter concerns an assortment of questions regarding the interpretation and constitutionality of certain provisions of the Maharashtra Control of Organized Crime Act, 1999, and as such calls for our utmost attention, particularly in view of the fact that, this legislation, although widely used for maintaining law and order, has also generated some controversy alleging its sweeping powers.

2.Since its enactment in 1999, it has found favour with the law enforcement officials and has been enthusiastically applied wherever possible by the law enforcement agencies and the concerned Government.

3.These three appeals have been filed by the appellants herein to assail the common judgment and order dated 19.07.2007 rendered by the High Court of Judicature at Bombay in Writ Petition No. 1136 of 2007, whereby the High Court dismissed the Writ Petition filed by the appellants herein.

4.The appellants herein challenged before the High Court of Bombay, the constitutional validity of that part of Section 2(1)(e) of the Maharashtra Control of Organised Crime Act, 1999 (“MCOCA” hereinafter) which refers to `insurgency’.

5.Before we proceed to discus