( 1 ) PETITIONER 1 is one of the thirteen accused in the case relating to serial bomb blasts which took place in the suburban trains of Western Railways on 11-7-2006, being MCOCA Special case No. 21 of 2006. Petitioner 2 is one of the nine accused in the case concerning four bomb explosions which took place in the compound of Hamididya Masjid and Baba kabrastan and nearby Mushawarat Chowk on 8-9-2006 being MCOCA Special Case No. 23 of 2006. Petitioner 3 is one of the nineteen accused in the case relating to seizure of arms in Aurangabad on 9-5-2005 and on some subsequent days, being MCOCA Case No. 16 of 2006.

( 2 ) IN this petition filed under Article 226 of the Constitution of India (for short, "the constitution), the petitioners have challenged the constitutional validity of that part of section 2 (1) (e) of the Maharashtra Control of organised Crime Act, 1999 (for short, "the mcoca") which refers to insurgency. For this purpose, we need not go into all the facts. It is, however, necessary to have some idea about the charges levelled against the petitioners in the respective charge-sheets.

( 3 ) IN MCOCA Special Case No. 21 of 2006, the charge-sheet, inter alia,