Criminal Appeal No.734 OF 2007 (Arising out of SLP(Crl.) No. 1357 of
2006) With Criminal Appeal No.736 of 2007 (Arising out of SLP(Crl.) No.
1568 of 2006)
B.P. Singh, J
1. Special leave granted in all the special leave petitions.
2. These special leave petitions
were placed for hearing before us and after hearing the parties we
proposed to dispose of the matters at the admission stage itself. We,
therefore, reserved our order. Later we were informed by counsel
appearing on behalf of appellants in another appeal (Crl. A. No.
1113/2005 etc. etc.) that appeals involving the same issues had been
directed to be heard by us. We, therefore, did not deliver judgment and
awaited hearing of the other appeals. Ultimately those appeals were
heard by us and we have referred the appeals to be heard by a larger
bench by our order dated 22.2.2007.
3. In appeals arising out of SLP (Crl.)
Nos. 1568/2006 and 1570/2006, the questions involved inter alia relate
to the effect of recommendation made by the Review Committee under the
provisions of The Prevention of Terrorism Act, 2002 as amended by
Ordinance of 2003. Similar questions are also involved in Crl. A. No.
1113/2005 and other connected matters, though that case relates to
similar provisions in Prevention of Terrorism (Repeal) Act, 2004, which
we have referred to a larger Bench. We are, therefore, of the view that
the appeals arising out of SLP (Crl.) Nos. 1568/2006 and 1570/2006
should also be considered by a larger Bench and, if so, directed by the
Hon'ble Chief Justice, may be heard along with Crl. A. No. 1113/2005 and
other connected matters which are pending hearing before a larger Bench.
4. In criminal appeal arising out of
SLP (Crl.) No. 1357/2006 the appellants have impugned the order of the
High Court dated 9.3.2006 dismissing their application for discharge
under Section 227 of the Code of Criminal Procedure. We notice that
criminal appeals giving rise to SLP(Crl.) Nos. 1357/2006, 1568/2006 and
1570/2006 were heard together by the High Court but the appeal giving
rise to SLP(Crl.) No. 1357/2006 was disposed of by a separate judgment.
If criminal appeals arising out of SLP(Crl.) 1568/2006 and 1570/2006 are
ultimately decided in favour of the appellants, nothing may survive for
consideration in the criminal appeal arising out of SLP(Crl.) 1357/2006.
However, if the appellants do not succeed in the aforesaid two appeals,
the Court may consider the merit of criminal appeal arising out of SLP (Crl.)
5. In these circumstances, we direct
that criminal appeal arising out of SLP (Crl.) No. 1357/2006 may also be
heard by a larger bench along with appeals arising out of SLP (Crl.)
1568/2006 and 1570/2006 or soon after the disposal of those two appeals,
as the Hon'ble Chief Justice may direct.
6. Accordingly, we direct that these
matters be placed before the Hon'ble Chief Justice for appropriate
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