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1995 DIGILAW 706 (SC)

R. N. Tewari, Adv. v. State (Nct Of Delhi)

1995-05-04

J.S.VERMA, SUJATA V.MANOHAR

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JUDGMENT : 1. It appears to us that the hearing of these matters would take some time which is not available before the Court closes for summer vacation. These matters would therefore have to be heard on merits only after the summer vacation. 2. The question now is of the appropriate interim order to be made at this stage. The learned Additional Solicitor General appearing for the prosecution submitted that the concerned Government constituted a High Power Committee under the Chairmanship of the Chief Secretary to review all these cases which have been put up for commission made a recommendation for withdrawing the prosecutions in certain matters specified by them wherein resort to the provisions under the TADA Act not considered appropriate. The learned Additional Solicitor General submitted that this action was' taken by the Government pursuant to the directions given by this Court in Kartar Singh v. State of Punjab; 1994 (3) S.C.C. 569 . It was further submitted that after this exercise had been made, public prosecutor made an application in the designated court for leave to withdraw all such cases on the basis of the recommendations of the Committee constituted in accordance with the directions of this Court in Kartar Singh's case (supra) but that application has been rejected by the Designated Court. It is the rejection of such application which is challenged in these matters. It was therefore urged that an appropriate direction at this stage may be necessary for release of such accused persons on bail in the meantime, against whom the prosecution does not intend to press the charges framed for offences under the TADA Act and the prosecution has no objection to their release on bail in the meantime. It was submitted that the consideration of the bail application of each such accused by the Designated Court excluding from consideration the charges framed under any provision of the TADA Act may be considered. 3. In our opinion the submission made by the Addl. Solicitor General and the course suggested by him is appropriate and also fair to the accused persons involved in such trials. It is also appropriate that the trial of all such persons for offences punishable under any provision of the TADA Act should also remain suspended in the meantime. 4. We direct accordingly. Solicitor General and the course suggested by him is appropriate and also fair to the accused persons involved in such trials. It is also appropriate that the trial of all such persons for offences punishable under any provision of the TADA Act should also remain suspended in the meantime. 4. We direct accordingly. The Designated Court would now consider the bail application of all such accused person in respect of whose the prosecution has made an application for withdrawal of charges framed under any provision of the TADA Act and would expeditiously dispose of these bail applications on merits in accordance with law after excluding the accusation relating to charges under the provisions of the TADA Act, after hearing both sides. 5. List in the last week of August 1995.