The Honourable Chief Justice.

In Writ Petition No.1238 of 2004, the constitutionality of sub-Sections 4, 5, 6 and 7 of Section 60 of Prevention of Terrorism (Amendment) Act, 2003 (Central Act 4 of 2004) is questioned. The above Act is hereinafter referred to as "POTA - 2004". The same was preceded by the Prevention of Terrorism (Amendment) Ordinance, 2003, promulgated on 27.10.2003. The said Ordinance was replaced by POTA - 2004. In the Ordinance, sub-Section (7) was not there, but, was added when the Bill was presented, which transformed into Act on the assent of the President on 2.1.2004. POTA-2004 is given retrospective effect from 27.10.2003 i.e. the date of issuance of the Ordinance.

2. POTA was first enacted in the year 2002, which was also preceded by an Ordinance. POTA was enacted to contain terrorism and the incidental acts thereto and, in fact, has been modelled on the Terrorists and Disruptive Activities (Prevention) Act, 1987, hereinafter referred to as "TADA". As the tenure was fixed for such enactments starting from 1984, the Central Government thought it necessary to enact laws from time to time to contain terrorism, which is on the rise every time and whic