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TMI Blog1996 (2) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... the country. We have also been furnished with the Statewise numbers of Designated Courts constituted under TADA. In the affidavit filed on behalf of the Union of India by Shri A.K. Shrivastava, Deputy Secretary to the Government of India, Ministry of Home Affairs, New Delhi, a statement is annexed showing live cases under TADA and the number of Designated Courts in different States and Union Territories. The statement is as follows : Sr.No. Name of State/UT No. of live cases under TADA No. of Designated courts (1) (2) (3) (4) 1. Andhra Pradesh 1937 61 2. Arunachal Pradesh 15 11 3. Assam 2908 1 4. Bihar 4 35 5. Gujarat 72 18 6. Haryana 118 8 7. Himachal Pradesh 5 3 8. Jammu & Kashmir 5041 4 9. Karnataka 25 19 10. Kerala 1 11. Manipur 603 4 12. Madhya Pradesh 76 10 13. Maharashtra 244 8 14. Meghalaya 8 1 15. Punjab 2248 18 16. Rajasthan 77 1 17. Tamil Nadu 26 5 18. Uttar Pradesh 39 15 19. West Bengal 1 18 20. Chandigarh Admn. 9 2 21. Delhi 759 4 22. Goa 1 1 Total :-- 14446 248 Thus, for example, in the State of Assam the number of live cases are 2908. There is only one Designated Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases like the one under TADA Act, should keep in mind not only the liberty of the accused but also the interest of the victims and their near and dear ones and above all the collective interest of the community and the safety of the nation so that the public may not lose faith in the system of judicial administration and indulge in private retribution. It also observed that the invocation of the provisions of TADA in cases, the facts of which do not warrant its invocation, is nothing but sheer misuse and abuse of the Act by the police. 5. Looking to the nature of the crime and the paramount interests of the society this Court held that the conditions imposed under Section 20(8) for the release of TADA undertrials on bail did not violate Articles 14 and 21 of the Constitution. It, however, gave directions for the constitution of Review/Screening Committees in each State and at the center to ensure that the provisions of TADA were correctly invoked in the cases pending before the Designated Courts. The purpose of constituting such committees was to ensure a higher level of scrutiny regarding applicability of the provisions of TADA to the case in point. The need for such committee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assured by Article 21 would receive a jolt. It is because of this that we have felt that after the accused persons have suffered imprisonment which is half of the maximum punishment provided for the offence, any further deprivation of personal liberty would be violative of the fundamental right visualised by Article 21, which has to be telescoped with the right guaranteed by Article 14 which also promises justness, fairness and reasonableness in procedural matters. 8. It is in this context that it has become necessary to grant some relief to those persons who have been deprived of their personal liberty for a considerable length of time without any prospect of the trial being concluded in the near future. Undoubtedly, the safety of the community and of the nation needs to be safeguarded looking to the nature of the offences these undertrials have been charged with. But the ultimate justification for such deprivation of liberty pending trial can only be on their being found guilty of the offences for which they have been charged. If such a finding is not likely to be arrived at within a reasonable time some relief becomes necessary. 9. The petition thus poses the problem of recon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for, otherwise, one may find that many of the undertrials may be found to have completed the maximum punishment provided by law by being in jail without a trial. Even in cases where a large number of persons are tied up with the aid of Sections 120B or 147, I.P.C., the role of each person can certainly be evaluated for the purpose of bail and those whose role is not so serious or menacing can be more liberally considered. With inadequate number of courts, the only pragmatic way is to reduce the prison population of TADA detenus and then deal with hardcore undertrials on priority basis before the evidence fades away or is lost. Such an approach will take care of both the competing interests. This is the approach which we recommend to courts dealing with TADA cases so that the real culprits are promptly tried and punished. 13. For the purpose of grant of bail to TADA detenus, we divide that undertrials into three classes, namely, (a) hardcore undertrials whose release would prejudice the prosecution case and whose liberty may prove to be a menace to society in general and to the complainant and prosecution witnesses in particular; (b) other undertrials whose overt acts or involv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncellation of bail is otherwise made out. (5) Before granting bail, a notice shall be given to the public prosecutor and an opportunity shall be given to him to oppose the application for such release. The Designated Court may refuse bail in very special circumstances for reasons to be recorded in writing. 15. These conditions may be relaxed in cases of those under groups (c) and (d) and, or special reason to be recorded, in the case of group (b) prisoners. Also these directions may not be applied by the Designated Court in exceptionally grave cases such as the Bombay Blast Bomb Case where a lengthy trial is inevitable looking to the number of accused, the number of witness and the nature of charges unless the court feels that the trial is being unduly delayed. However, even in such cases it is essential that the Review Committee examines the case against each accused bearing the above directions in mind, to ensure that TADA provisions are not unnecessarily invoked. 16. The above directions are a one-time measure meant only to alleviate the current situation. 17. When stringent provisions have been prescribed under an Act such as TADA for grant of bail and a conscious decision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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