JUDGMENT

Kuldip Singh, J. - Special1eave granted.

2. Shridhar Khopkar a Shiv Sena Corporator in the Municipal Corporation Thane was murdered on April 21, 1989. The First Information Report was lodged at Waghle Police Station Thane on the same date. Anand Chintaman Dighe, the respondent before us, was arrested by the police in connection with the said case on charges under sections 147, 148, 149,302 read with 120- B of the Indian Penal Code and sections 3 and 4 of the Terrorist and Disruptive Activities (prevention) Act, 1987. The allegations against Dighe are that he conspired and hatched the plot to murder Shridhar Khopkar.

3. The prosecution case is that election to the office of Mayor and Deputy Mayor, Municipal Corporation, Thane, was held on March 20, 1989. The Shiv Sena party, claiming majority in the corporation, was expecting to win the election. The party was, however, defeated. The, defeat was imputed to the cross-voting on the part of one or two members of the Shiv Sena. The said cross voting had angered the Shiv Sena leaders. The cross-voters were dubbed as traitors. It is alleged that Dighe had issued repeated statements to the press saying that the traitors life would