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1990 Supreme(Guj) 95

B.C.PATEL, M.B.SHAH
MOHAMMED RAFIK HUSSEINMIYA THAKORE – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.R.PATHAN, J.M.PANCHAL

SHAH, J.

( 1 ) THE petitioners have prayed as under : (a) That this Honble Court be pleased to declare that the provisions of the [terrorist and Disruptive Activities (Prevention)] Act are illegal, ultra vires, void and inoperative; (b) That this Honble Court may be pleased to issue a Writ of Prohibition or a Writ in the nature of prohibition under Art. 226 of the Constitution of India, directing the respondents to forbear and desist from applying Sec. 3 or any other provisions of the Act in the case and to reconsider the bail application by deleting Sec. 3 of the tada Act; (c) That such other and further reliefs as may be deemed fit in the circumstances of the case may kindly be granted. At the outset, Mr. Pathan, learned Advocate appearing on behalf of the petitioners, stated that the petitioners are not pressing their first prayer that the provisions of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as tada Act) are illegal and ultra vires. He submitted that prayer (b) be granted. He submitted that the order passed by the Designated Court is violative of petitioners fundamental rights under Art. 21 of the Constitution of India because the

















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