RANJANA DESAI, J.

( 1 ) RULE in criminal Writ Petition No. 2363 of 2005 and criminal Appeal No. 789 of 2005 is admitted. The respondents waive service. By consent of the parties, taken up for hearing forthwith.

( 2 ) CRIMINAL Writ Petition No. 2363 of 2005 and Criminal Appeal No. 789 of 2005 involve common questions of law and facts and, therefore, they can be disposed of by a common judgment.

( 3 ) THE petitioner in Criminal Writ petition No. 2363 of 2005 is original accused 5 and the appellant in Criminal Appeal No. 789 of 2005 is original accused 4 in POTA Special case No. 1 of 2004 which is being tried by the special Court constituted under the Prevention of Terrorism Act, 2002 (for short, "the POTA 2002" ). for convenience, it would be better to refer to the petitioner in the writ petition and the appellant in the appeal as per their status in the special case. The accused are being tried along with other accused for offences under sections 3, 4, 5 and 20 of the POTA 2002 and also under the Explosive Substances Act, Arms act, Damage to Public Property Act and the indian Penal Code (for short, "the IPC" ). According to the accused, during the pendency of this case, the