ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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In Custody

In Custody WHERE law ends tyranny begins" observes the constitutional bench of the Supreme Court in its majority judgment upholding the constitutional validity of the Terrorist and Disruptive Activities (Prevention) Act, 1985. The irony of the statement, not surprisingly, completely escaped the honourable judges who were deliberating on an act which represents the single most tyrannical means of oppression the state has armed itself with on the pretext of protecting national interest. The TADA, its promulgation, its continued extension and its extensive use, underlines the failure of the democratic polity and an abdication of responsibility by the judicial system. It has taken nine years and 400 writ petitions for the apex court to uphold the constitutionality of the act. Nine years in which the act originally applicable in two union territories and four states as a temporary measure to deal with what was construed to be an extraordinary situation in order to protect the 'unity and integrity of the country' has been repeatedly extended and has now been invoked in 23 states of the union. Nine years in-which the act has been blatantly misused to tyrannise the powerless

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