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Supreme Court and Terrorism

Supreme Court and Terrorism Vikramjit Reen KBALAGOPAL'scriticisms of the Terrorist and Disruptive Activities (Prevention) Act 1987 ('In Defence of India Supreme Court and Terrorism', Economic and Political Weekly, August 6, pp 2054-2060) seem unfair. The article's underlying attack is against the Indian democratic system, more specifically the judiciary as being 'political- class' biased. As the learned writer observes in his article, A Court that understands terrorism the same way as the Union Home Ministry (as Justice Pandian and his brotherhood unabashedly do) cannot look at TADA in the spirit of the best values expressed by the Indian Supreme Court in the past (at p 2054). It is sad that the Supreme Court should voluntarily become part of this ideological campaign of the Indian State (at p 2055). The Defence of India evidently is a very demanding cause but quite thoroughly out of time with what is best about the Constitution of India. But Justice Pandian and his brother judges think otherwise... unfortunately they have set these concepts one against the other and have ended up looking at the Defence of India the way a K P S Gill would (at p 2060). To my mind the scope for such criticisms arises as a consequence of Westminsterising the Indian Constitution and derailing it on day one. Balagopal seems merely to echo the Marxian perspective that every taw is an instrument of class oppression reflected in politics-the TADA Act being no exception:

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