Court : Mumbai
Reported in : (2005)107BOMLR1056
..... both sub-section 3 of section 2 of the repeal act and sub-sections 4 to 7 inserted by the prevention of terrorism (amendment) act, 2003 seek to prevent misuse of the pota 2002. ..... 1 of 2004 which is being tried by the special court constituted under the prevention of terrorism act, 2002 (for short, 'the pota 2002'). ..... it is stated in this order that after examining the available material on record and after hearing the counsel for the parties, the said committee had passed order dated 10/5/2005 wherein it has directed the state of maharashtra to proceed in accordance with clause (a) of sub-section 3 of section 2 of the prevention of terrorism (repeal) act, 2004 (for short, 'the repeal act') in respect of accused 4 and 5. ..... by this repeal act, the pota 2002 was repealed but sub-section 3 of section 2 thereof stated that notwithstanding the repeal of section 60 of the principal act, the review committee constituted by the central government under sub-section (1) of that section, whether or not an application under sub-section (4) of that section has been made, shall review all cases registered under the principal act as to whether there is a prima facie case for proceeding against the accused thereunder and such review shall be completed within a period of one year from the ..... on 14/6/2005, the said committee communicated its order to the chief secretary of the government of maharashtra and to the accused. .....
Tag this Judgment!Court : Mumbai
..... -(1) the prevention of terrorism act, 2002 (15 of 2002) (hereinafter referred to as the principal act) is hereby repealed. ..... -the prevention of terrorism act, 2002 was enacted as a special law to deal with terrorist acts.2. ..... the principal question that arises for our consideration is: whether on account of the provisions contained in the prevention of terrorism (repeal) act, 2004 (hereinafter referred to as repeal act, 2004 for the sake of brevity), was it mandatory for the review committee constituted under section 60 of the pota act to review even the cases which were already reviewed by it before coming into force of the repeal act afresh and to issue appropriate directions?6. ..... the prevention of terrorism (repeal) bill, 2004 seeks to replace the prevention of terrorism (repeal) ordinance, 2004 and to achieve the above objects."16. ..... -(1) this act may be called the prevention of terrorism (repeal) act, 2004. ..... repeal of act 15 of 2002 and saving. ..... petitioners in the respective petitions are tried for offence punishable under the provisions of prevention of terrorism act, 2002 (hereinafter referred to as pota for the sake of brevity).3. ..... it is thus prayed that direction be issued to special court under pota at mumbai to discontinue and drop the proceedings initiated under the provisions of pota, 2002 against the petitioner in pota special case no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(13)SCALE398; (2009)2SCC47
..... repeal of act 15 of 2002 and saving: the prevention of terrorism act, 2002 (hereinafter referred to as the principal act) is hereby repealed. ..... appreciate the rival contentions, the reasons that led to enactment of the prevention of terrorism act, 2002 and its repeal, require to be noted.4. ..... /2005, 1498- 1500/2005, 359/2006, 734/2007, 735/2007 and 736/2007 are persons who have been charged in respect of offences under the provisions of the prevention of terrorism act, 2002, in terrorism related cases. ..... the said order is reproduced as under:the special leave petitions are filed against the judgment of the high court challenging the amendments to the prevention of terrorism act, 2002 which gives to the review committee powers which earlier it did not have ..... pota are required to be reviewed irrespective of whether any application was made by an aggrieved person or not, so as to find out whether there is a prima facie case for proceeding against the accused under pota; (iii) the sub-section clearly provides that where a review committee opines that there is no prima facie case for proceeding against the accused, cases pending in court also shall be deemed to have been withdrawn with effect from ..... . to intercept and recall an enquiry or trial in a court, save in the manner and to the extent provided for in the law, is itself a violation of the ..... . to interdict, intercept or jettison an enquiry or trial in a court, save in the manner and to the extent provided for in the code itself, is .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1399
..... the committee that the incident did not take place as part of conspiracy as envisaged under the provision of the prevention of terrorism act, 2002 (hereinafter referred to 'p.o.t.a. ..... , the petitioner has challenged the opinion of the review committee (hereinafter referred to as 'the committee' formed under the prevention of terrorism (repeal) act, 2004 (hereinafter referred to as the 'repeal act'). ..... we applied our mind and found that it was not at all intended to be spoken by the witnesses that any act of terror was conceived or was targeted to break the unity of the communities, we have no hesitation in holding that the material available lacks in details to establish the act of terror or break the unity of communities, and therefore, it cannot be said that the opinion expressed by the committee is not ..... from the argument of the petitioner and support on behalf of state government, that the opinion of the committee is not in conformity with the powers vested in it under section 2(3) of the repeal act, is not prima facie found by ..... after pronouncement of the judgment, an oral application was made on behalf of the petitioner that effect and operation of the judgment wherein it would follow that the cases would stand transferred from special judge to the sessions court, complications may arise and in that view of the matter, the effect and operation of the judgment in question may be stayed for a limited period to enable the petitioner to approach the ..... direction, the oral prayer is .....
Tag this Judgment!Court : House of Lords
..... the secretary of state under the prevention of terrorism act 2005 are compatible with article 5.1 of the european convention on human rights and whether the procedure by which they ..... repealed part 4 of the anti-terrorism, crime and security act 2001, including section 23, which the house had found to be incompatible with articles 5 and 14 of the convention in a and ..... among the listed obligations are : "(d) a restriction on his association or communications with specified persons or with other persons generally; (e) a restriction in respect of his place of residence or on the persons to whom he gives access to his place of residence; (f) a prohibition on his being at specified places or within a specified area at specified times or on specified days; (g) a prohibition or restriction on his movements to, from or within the united kingdom, ..... of society: see secretary of state for the home department v mental health review tribunal and ph [2002] ewca civ 1868, paras 16-17, citing nielsen v denmark (1988) 11 ehrr 175 and hm v switzerland (2002) 38 ehrr 314; davis v secretary of state for the home department [2004] ewhc 3113 (admin). 59. ..... electronic monitoring tag; (2) remain in his flat at all times except from 10 am until 4 pm; (3) report to the monitoring company twice a day; (4) allow the police any time to search his flat; (5) not receive any private visitors except with the prior consent of the home office, supplying them with the visitor's name, address and ..... and oral arguments, and .....
Tag this Judgment!Court : Delhi
Reported in : 2004CriLJ2204; 110(2004)DLT233; 2004(73)DRJ399
..... in this appeal filed under section 34 of the prevention of terrorism act, 2002 (for short 'pota') the short question for consideration is whether an appeal under the said section is maintainable against an order framing charge in a trial conducted according to the procedure prescribed under the pota 2. ..... their lordships also sounded a note of caution and said that constitutional soundness of pota was to be judged by keeping the following aspects in mind: ''the protection and promotion of human rights under the rule of law is essential in the prevention of terrorism. ..... having come to the conclusion that the heart and the soul of the two enactments is speedy disposal and quick dispatch of the trial in these cases, we proceed to examine whether there is any similarity between section 11 of the special courts act and section 34 of pota, the two provisions, conferring a right on an accused to prefer appeal against particular orders, passed during the course of trial or on its conclusion. ..... a comparison of the two provisions leaves little room for doubt that material part of section 34 of pota is in pari materia section 11 of the special courts act and thereforee, in our opinion, the interpretation placed by the apex court to the term ''interlocutory order'' in v.c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3224; 2003(2)ALD(Cri)774; 2003(2)ALT(Cri)343; 2003CriLJ4348; (2003)3GLR2378; JT2003(7)SC550; 2004(1)MhLj332; 2004MPLJ13(SC); 2003(7)SCALE253; (2003)8SCC50; 2004(1)
..... on the basis of the facts revealed as a result of further investigation, the prosecution came to the conclusion that offences under section 3(2) and (3) and section 4 of the prevention of terrorism act (for short 'pota') had also been committed and accordingly took appropriate steps for including the aforesaid offence. ..... i-09 of 2002 under sections 143, 147, 148, 149, 337, 338, 435, 120b, 34, 153a, 302, 307 ipc, sections 141, 151, 152 indian railways act, sections 3 and 4 of prevention of damage to public property act and section 135(1) of the bombay police act. ..... -affidavit was filed on behalf of the state on 5.3.2003 before the high court wherein it was averred that after filing of the charge sheets, further evidence had been collected which revealed commission of offences under sections 3 and 4 of pota and applications had already been moved on 19.2.2003 in the court of additional sessions judge and jmfc (railway court) godhra for adding sections 3(2) and (3) and section 4 of pota to the main charge sheet dated 22.5.2002 as well as the supplementary charge sheets dated ..... on 27.2.2002 when the sabarmati express was stopped near godhra railway station and a coach was set on fire resulting in death of 59 persons and serious injuries to 48 others. ..... i-09 of 2002 registered with godhra railway police station. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
..... the prevention of terrorism (temporary provision) act, 1984 (uk) and some other acts enacted in india which are now repealed prescribing special ..... in section 2(1)(h), namely, indulging in wanton killing of persons or in violence or in the disruption of services or means of communications essential to the community or in damaging property with a view to commit any of the offenses enumerated under any of the clauses (i) to (iv) indicated under the definition of the word 'terrorist';(3) the scheduled offenses committed by terrorists should be on such a ..... state law and the federal government ..... to vague and wide definitions of expressions such as, 'terrorist activity' and 'abet'; to constitution of designated courts with persons who could continue even after superannuation, thereby reducing its credibility providing arbitrary procedure more to serve political purpose than to secure impartial justice for instance holding of courts in camera, ..... electronic and ..... general and the other counsel supporting the validity of this provision made a common submission that the contention of the counsel attacking the legality of this provision tantamounts to an attempt to forcibly drag the substantive law through the coiled barbed wires of procedural law thereby making the substantial law bleeding and becoming ..... procedure, section 161 empowers a police officer making an investigation to examine orally any person supposed to be acquainted with the facts and circumstances of the .....
Tag this Judgment!Court : House of Lords
..... lordships in a v secretary of state for the home department [2005] 2 ac 68, declared section 23 to be incompatible with articles 5 and 14 of the european convention on human rights and with effect from 14 march 2005 the whole of part 4 of the act was repealed by section 16 of the prevention of terrorism act 2005 (save only with regard to extant appeal proceedings, preserved by section 16(4) of the 2005 act). ..... level, that is, that of criminal liability, it would seem that one of the consequences of the jus cogens character bestowed by the international community upon the prohibition of torture is that every state is entitled to investigate, prosecute and punish or extradite individuals accused of torture, who are present in a territory under its jurisdiction. ..... which arises where action is based on a warranted interception and there is no dispensation which permits evidence to be ..... section 1 (as amended by section 35 of the 2001 act) siac was to be a superior court of record, now (since amendment in 2002) including among its members persons holding or having held high judicial office, persons who are or have been appointed as chief adjudicators under the nationality, immigration and asylum act 2002, persons who are or have been qualified to be members of the immigration appeal tribunal and ..... case is supported by written and oral submissions made on behalf of 17 well-known bodies dedicated to the protection of human rights, the suppression of torture and maintenance of the rule of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2010)157PLR345
..... at this stage, it may be useful to refer to section 60 of the prevention of terrorism act, 2002 (since repealed), which used to provide constitution of the review committees and appointment of chairperson/member of such committees and the same (relevant part only) reads as follows:60. ..... repeal of act 15 of 2002 and saving:- (1) the prevention of terrorism act, 2002 (hereinafter referred to as the principal act) is hereby repealed. ..... as a member of the pota review committee (the relevant extracts) reads as follows:the gazette of india: extra-ordinaryministry of home affairsnotificationnew delhi, the 26th may, 2005.s.0.723 (e) - in exercise of the powers conferred by sub-section (5) of section 2 of the prevention of terrorism (repeal) act, 2004 (26 of 2004) and in supersession of the notification of the government of india in the ministry of home affairs number s.o.541 (e) dated the 11th april, 2005, except as respects things done or omitted to be done before such supersession, the central government ..... the government of india, ministry of home affairs, in exercise of its powers under section 2 (5) of the prevention of terrorism (repeal) act, 2004 (hereinafter referred to as 'pota 2004') issued a notification dated 26.5.2005, constituting a review committee for completing the review of pending cases under the act within one year. .....
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