Today the Mumbai TADA court has delivered the judgement to Sanjay Dutt and he is back in Jail.
One important question is whether TADA court is empowered to award sentence under Arms Act? TADA court is a designated court under theTerrorist and Disruptive Activities (PREVENTION) ACT, 1987.
I feel that this court does not even have the jurisdiction to try offences under other criminal laws. Offences under other laws are to be tried under respective Acts. Section 11 of the Act says. "Jurisdiction of Designated Courts. – (1) Notwithstanding anything contained in the Code, every offence punishable under any provision of this Act or any rule made thereunder shall be triable only by the Designated Court within whose local jurisdiction it was committed or, as the case may be, by the Designated Court constituted for trying such offence under sub-section (1) of Section 9". Whole of this Act can be seen at https://www.satp.org/satporgtp/countries/india/document/actandordinances/Tada.htm#12
This is a crucial point which is faced by Chartered Accountants also. Tax authorities do not care for the Constitution or other laws and just impose penalties.
Views of others are solicited.
Unfortunately Everybody discussing about Justice to Sanjay Dutt,I do have personnally great respect and regards for dutt family and thier contributions as a whole in all areas.Unfortunately Indian Solisorabjee attorney general and Kapil sibal both highly respectable exchange heated arguments about reasonableness or othewise of this Justice(ONLY RELATED TO DUTT),It Very Great Unfortunate for a 1 Billons Populations not even Priya Dutt's who bothered for JUSTICE to the common Mumbaikars Who lost their near and dear.Justice arrive after 15 precious years is Great Injustice to MUmbaikars,Further I don't want to comment on the quality of Justice and degrade nation.We have witnessth Slavery during Maughal Times thenafter Britishers Came and Make us Slave,Presently Most of us are Knowing that INDIA is an Indepedent Country,But this Independence is more costlier than Earlier Slavery,Because Common man Get Justice during Maughal Times,During British rules there was not that big problems for people to get justice,Presently Commonman R not thinking that they will ever get Justice for the wrong deed with them.I don't know the plight of commonman to obtain justice during mahammad tughlagh time.
We are Slave Of Outdated,Irrelevant,Incongruence,complicated,& Illogical acts,rules circulars,notifications,case laws etc..........and spoiling energy of our Young Generations for the compliance of nonsense laws,Instead of Putting & Channelising thier efforts in meaningful activities.
Your Suggestions and comments R invited.
CAclubindia
