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A Point to Ponder over Administration of Tada in Bihar

By D. K. Sharma

Published In

Cri LJ 1998

Introduction  Terrorist and Disruptive Activities (Prevention) Act, 1987, ('TADA Act' for short) has lapsed leaving behind an extraordinarily caustic history of criticism by its antagonists who vehemently branded it as draconian, repressive etc. Few protagonists had also voiced their support in its favour justifying it as an emergent legislative measure conferring extraordinary powers on law-enforcing agencies to curb, combat and contain the formidable and abominable challenge and one lought of 'terrorism" — a menace threatening to rupture the vary warp and woof of democratic civilisation. The object of this write-up, however, is not to undertake a ideological study of TADA. The object is to make an humble retrospect of an aspect of designated TADA Courts, to be elaborated hereinafter, from the point of view of criminal procedural jurisprudence dictated by Art. 21, Constitution of India, which reads. "No person shall be depriv ....

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