1991 Supreme(Bom) 336
SUJATA V.MANOHAR, B.N.SRIKRISHNA
Rafiq Abid Patel and others – Appellant
Versus
Inspector of Police and another – Respondent
JUDGMENT - Mrs. SUJATA MANOHAR, J. :---The petitioner in both these writ petitions are co-accused in C.R. No. I-43 of 1991 registered at the Kashimira Police Station, Taluka Thane, District Thane. These petitions are for quashing the application of the provisions of sections 5 and 6 of the Terrorist and Distruptive Activities (Prevention) Act, 1987 (hereinafter called " the TADA Act") to the accused in C.R. No. I-43 of 91. The Petitioner have also prayed for striking down section 5 read with section 2(f) of the TADA Act, as being ultra vires the Constitution of India. This prayer, however, is not pressed by Mr. Chitnis, learned Advocate for the petitioners in these petitions. He has confined his submissions in these writ petitions to setting aside the application of sections 5 and 6 of the TADA Act to the petitioners. The petition have subsequently been amended in view of the documents dated 24-7-1991. The petitioners have now also challenged the application of section 3 of the TADA Act to them.
2. These petitions are filed under Article 226 of the Constitution. The relevant facts in respect of C.R. No. I-43 of 1991 registered with the Kashimira Police Stations are as follows.:
3. Th
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