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2003 DIGILAW 1996 (MAD)

The Government of Tamil Nadu & Others v. The Secretary & Others

2003-12-05

P.SATHASIVAM

body2003
Judgment :- The Government of Tamil Nadu through its Chief Secretary has filed the above writ petitions seeking to issue a Writ of Prohibition, prohibiting the first respondent, namely, the Secretary, Review Committee on POTA, Room No..246, Vigyan Bhavan Annexe, New Delhi, from proceeding further in respect of its proceedings No. 1/2/RCPT/2003 dated 14.11.2003. 2. Learned Advocate General appearing for the petitioner though raised several contentions with reference to various provisions from Prevention of Terrorism Act 2002 (Act 15 of 2002) as well as POTA (Amendment) Ordinance dated 27.10.2003, in view of the issue raised and order to be passed, I am of the view that it is unnecessary to refer all the factual details and legal submissions in this order. 3. Heard, learned Advocate General for petitioner and learned Additional Solicitor General for the first respondent and Mr. Shanmugasundaram for respondents 4 and 5 in 35749/2003. 4. In the light of the limited order to be passed herein, I am of the view that there is no need to issue notice for other respondents. Learned Advocate General after pointing out the proceedings of the review committee dated 4.12.2003, raised an objection that without deciding the preliminary objection raised by the State, the Committee cannot be permitted to consider the merits of the representation made by the parties concerned. In the light of the submission made, it is useful to refer the proceedings dated 4.12.2003 which reads as under. "Having discussed the case with the representatives of the parties, the Review Committee has decided to give the following directions:- 1. A complete set of correspondence exchanged between the Review Committee and the State of Tamil Nadu, including the Notice to show cause and the preliminary objections raised by the State of Tamil Nadu may be collected by the complainant from the Secretary of the Committee within one day; 2. The preliminary objections raised by the State of Tamil Nadu shall be taken up for hearing on the date mentioned below. Parties are also called upon to address the Committee inter alia on the following questions: Whether exercise of administrative discretion by the State Government in proceeding against the accused under POTA which is the subject matter of review before the Committee, is also subject matter of pending proceedings or orders made in any case by the Court? 3. Parties are also called upon to address the Committee inter alia on the following questions: Whether exercise of administrative discretion by the State Government in proceeding against the accused under POTA which is the subject matter of review before the Committee, is also subject matter of pending proceedings or orders made in any case by the Court? 3. Liberty and last opportunity is given to the State of Tamil Nadu to produce all records as mentioned in the Show Cause Notice within one week, for consideration of the Committee, subject to decision on the preliminary objections raised by the State. 4. The case shall be taken up for hearing at 11 a.m. on December 8, 2003 at Vigyan Bhawan Annexe, New Delhi." 5. After taking me through this proceedings, learned Advocate General submitted that the way in which the discussion went prior to the said proceedings, the State apprehends that without considering the preliminary objection, the review committee will decide the main issue immediately. 6. At this stage, at the request of the Court, learned Additional Solicitor General after getting specific instructions from the first respondent reported that the first respondent, Review Committee, will decide the preliminary objection first and thereafter depending on the outcome proceed with the merits of the applications of both parties. The above statement of the learned Additional Solicitor General is hereby recorded. 7.In the light of the fact that the first respondent Committee will decide the preliminary objection raised by the State, I am of the view that it is unnecessary to go into other contentions raised in these writ petitions. 8. It is also made clear that the objections of the other respondents/applicants before the committee are to be considered by the Committee. Hence, I am not referring the same in this order. On deciding the preliminary issue, the Committee is expected to furnish a copy of its decision to all the parties concerned. All other contentions with reference to the provisions of the Act, Ordinance, subsequent order if any are left open. 9. With the above observation, both the writ petitions are closed. No costs. Consequently, W.P.M.P.Nos.43458 and 43459 of 2003 are closed.