1996 (2) TMI 597 - SC - Indian Laws

Supreme Court Orders Measures for Fair Trials Under TADA: Detenu Lists, Designated Courts, Balanced Bail Approach, and Review Committees.

Shaheen Welfare Association Versus Union of India (UOI) and Ors.

The SC disposed of the writ petition by directing measures to address the issues under TADA. It mandated filing lists of detenus, emphasized the need for ... - Issues Involved:1. Filing of list of detenus under TADA.2. Release of TADA detenus without proper evidence or procedure.3. Speedy trial and adequacy of Designated Courts.4. Review of cases by Review/Screening Committees.5. Grant of bail to TADA undertrials.Summary:1. Filing of List of Detenus under TADA:The petitioner requested a direction for the respondents to file a list of detenus lodged in jails under TADA. Affidavits from Gujarat, Rajasthan, Maharashtra, and the Central Government provided information on the number of pending TADA cases and Designated Courts in various States.2. Release of TADA Detenus without Proper Evidence or Procedure:The petitioner sought the release of TADA detenus where proper evidence was lacking or the prescribed procedure was not followed. The Court noted that the invocation of TADA provisions in unwarranted cases is a misuse and abuse of the Act by the police.3. Speedy Trial and Adequacy of Designated Courts:The Court highlighted the lack of adequate Designated Courts, leading to delays in the trial of TADA cases. For example, Assam had 2908 live cases with only one Designated Court. The Court emphasized the necessity of a speedy trial, especially given the stringent bail provisions u/s 20(8) of TADA.4. Review of Cases by Review/Screening Committees:The Court referred to the directions in Kartar Singh v. State of Punjab for constituting Review/Screening Committees to ensure correct invocation of TADA provisions. The affidavits showed that many cases reviewed by these committees resulted in the withdrawal of TADA charges. However, the Court noted the need for more independent scrutiny, especially for cases filed by C.B.I.5. Grant of Bail to TADA Undertrials:The Court acknowledged the need to balance individual liberty with community safety. It proposed a pragmatic approach to bail, categorizing undertrials into four groups based on the severity of their involvement. The Court provided specific conditions for granting bail, such as reporting to the police station weekly, remaining within the jurisdiction of the Designated Court, and depositing passports. The Court also allowed for the relaxation of these conditions in certain cases and emphasized the necessity of a Review Committee to ensure TADA provisions are not unnecessarily invoked.Conclusion:The Court disposed of the writ petition with directions to alleviate the current situation, emphasizing the need for efficient investigation and an adequate number of Designated Courts to ensure speedy trials and protect both society and the rights of the accused.