POTA.
Querist :
Anonymous
(Querist) 13 June 2011
This query is : Resolved
Opinion are welcomed. If possible support the answer with the case law .
1) POTA & TADA which act is in force & which has been repealed.
2) If POTA is in force than
Question:
1) Sub Section 6 To 9 says about interim bail or anticipatory bail?
2) Sub Section 5 has the overriding effect on section 438 of the crpc, 1973. SO can we say that POTA, 2002 is special act & crpc, 1973 is a general act.
Because many provision under the Crpc is supresed
Prevention of Terrorism Act, 2002
Section 49 (5) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this Act.
(6) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless the Court gives the Public Prosecutor an opportunity of being heard.
(7) Where the Public Prosecutor opposes the application of the accused to release on bail, no person accused of an offence punishable under this Act or any rule made thereunder shall be released on bail until the Court is satisfied that there are grounds for believing that he is not guilty of committing such offence: Provided that after the expiry of a period of one year from the date of detention of the accused for an offence under this Act, the provisions of sub- section (6) of this section shall apply.
(8) The restrictions on granting of bail specified in sub- sections (6) and (7) are in addition to the restrictions under the Code or any other law for the time being in force on granting of bail.
(9) Notwithstanding anything contained in sub- sections (6), (7) and (8), no bail shall be granted to a person accused of an offence punishable under this Act, if he is not an Indian citizen and has entered the country unauthorisedly or illegally except i very exceptional circumstances and for reasons to be recorded in writing.
In Short can we say that POTA is a special law & Crpc is not?
Thanks
PALNITKAR V.V.
(Expert) 14 June 2011
TADA and POTA have been repealed. Both were special enactments and certain provisions contained therein superseded the general provisions of CRPC. Cr.P.C is general law.
