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BOMBAY HIGH COURT
Justices Kantharia and Dani, J
Rafiq Abid Patel and Others etc. v. Inspector of Police Kashimira Police Station Thane and Another
| Table of Content |
|---|
| 1. facts surrounding the application of tada act. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the adequacy of remedy and right to challenge tada application. (Para 5 , 8 , 12) |
| 3. court observations on jurisdiction and investigation under tada. (Para 6 , 7 , 9 , 11) |
| 4. analysis of tada provisions applicability. (Para 13 , 14 , 15) |
| 5. final conclusion and order of the court. (Para 16 , 17 , 18) |
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
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