S.MOHAN, M.K.MUKHERJEE
State of West Bengal – Appellant
Versus
Mohammed Khalidetc. – Respondent
JUDGMENT
S. Mohan, J. - Criminal-Appeal No. 327 of 1994 is directed against the judgment and order dated 13th April, 1994 of the High Court of Calcutta in C.O. No. 9181 (W) of 1993.
Criminal Appeal No. 328 of 1994 is directed against the judgment and order dated 13th April, 1994 of the High Court of Calcutta in C.O. No. 8377 (W) of 1993.
Criminal Appeal No. 329 of 1994 is directed against the judgment and order dated 13th April, 1994 of the High Court of Calcutta in C.O. No. 8378 (W) of 1993.
2. All these cases arise out of writ petitions filed in the High Court of Calcutta challenging the validity of sanction and taking cognizance of the cases against each of the respondents by the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'T ADA'). A further challenge in the writ petition was also made to the 'vires' of TADA. The orders of sanction and taking cognizance were quashed. The challenge to the Act was not gone into since the same was pending at the relevant time before this Court.
3. To highlight the issue involved, it is enough if we advert to the facts in Criminal Appeal No. 328 of 1994 since C.O. No. 8377 (W) of
State of Maharashtra v. Abdul Hamid Haji Mohammed; 1994 (2) S.C.C. 664.
Radhey Shyam Khemka v. State of Bihar; 1993 (3) S.C.C. 54.
Morarji v. State of Gujarat; 1980 (2) S.C.C. 218.
Stree Atyachar Virodhi Parishad v. Dilip Nathumal Chordia; 1989 (1) S.C.C. 715.
State of Bihar v. Ramesh Singh; 1977 (4) S.C.C. 39.
Niranjan Singh Karam Singh v. Jitendra Bhimraj Bijjaya; 1990 (4) S.C.C. 76.
Satya Narain Musodi v. State of Bihar; 1980 (3) S.C.C. 152.
Vadilal Panchal v. Dattatraya Dulaji Ghadigaonkar; AIR 1960 S.C. 1113.
Sanjay Dutt v. State Through C.B.I.; 1994 (3) Scale 1004.
Uma Charan v. State of M.P. & Anr.; 1982(1) S.C.R. 353.
Municipal Corporation of Delhi v. R.K. Rohtagi; 1983 (1) S.C.C. 1.
Hitendra Vishnu Thakur & Ors. v. State of Maharashtra; (1994) 4 S.C.C. 602.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.