TADA provisions cannot be applied without evidence of arms possession or terrorist intent, ensuring protection of individual rights during investigations.

1. The petitioners in both these writ petitions are co - accused in C. R. No. 1-43 of 1991 registered at the Kashimira Police Station, Taluka Thane, District Thane. These petitions are for quashing the application of the provisions of S.5 and S.6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter called "the TADA Act") to the accused in CR No. 1-43/91. The petitioners have also prayed for striking down S. 5 read with S. 2(f) of the TADA Act, as being ultra vires the Constitution of India. This prayer, however, is not pressed by Mr. Chitnis, learned Advocate for the petitioners in these petitions. He has confined his submissions in these writ petitions to setting aside the application of S.5 and S.6 of the TADA Act to the petitioners. The petitions have subsequently been amended in view of the documents dated 24-7-1991. The petitioners have now also challenged the application of S. 3 of the TADA Act to them.

2. These petitions are filed under Art. 226 of the Constitution. The relevant facts in respect of C.R. No. 1-43 of 1991 registered with the Kashimira Police Station are as follows:

3. The complainant, Raju Patel, carries on business as a supplier of building material. He has alleged that on 3rd April 1991 one Asif Gulam Rasool Patel and his brothers threatened the partners of the complainant that their lorries carrying building material would not be allowed to ply. The complainant has alleged that these persons, at about 10-30 a.m. stopped his lorry MCY 1111, which was carrying stones from Vasai to Mira Road, Asif and his brother assaulted the driver of the truck. On learning about this incident from his driver, the complainant registered a complaint with the Kashimira Police Station (Cr. No. 42 of 1991). He also took the help of one Hitendra Thakur, who is an M.L.A. of the locality. On the evening of 3rd April 1991, the complainant, his partners, Hitendra Thakur MLA, and the bodyguard of Thakur were returning from the police station when their vehicles were stopped by Asif Patel and a group of other persons (including the petitioners) near the house of Asif Patel. It is alleged that when the complainant got down from his van he noticed that Asif Patel had a revolver in his hand whereas the other persons, about 25 to 31 in number, were armed with stones and soda water bottles. The complainant snatched the revolver from the hands of Asif Patel and handed it over to the constable, who was the bodyguard of Thakur. At the same time, Kaka Patel, a brother of Asif Patel attempted to assault the complainant with a sword. This resulted in a small injury on the left hand thumb of the complainant. The other assailants threw soda water bottles and stones at the complainant and his group. With a view to dispersing the crowd, two rounds were fired in the air by the bodyguard of Hitendra Thakur. A complaint regarding this incident was made by Raju Patel at the Kashimira Police Station being Cr. No. 1-43 of 1991. On the basis of this complaint the police has registered an offence u / S.307, S.341, S.147, S.148, S.149, S.324, S.336, S.427 of the Indian Penal Code and S.25 (1) (a) and 27 of the Arms Act.

4. On 12th April 1991 the Circle Police Inspector, Kashimira Camp, has informed the Designated Judge, TADA Court, Pune, that in continuation with Crime No. 1-43 / 1991 the provisions of S.5 and S.20 have been applied to all the accused as from 12th April 1991 on account of the fact that Asif Gulam Patel was found with a revolver in a notified area. In the affidavit which is filed by the respondents before us a