i.) No. of pending TADA cases                      4,988

ii) No. of individuals involved                       14,667

iii) No. of individuals enlarged on bail          12,036

iv) No. of individuals under detention           718

v) No. of individuals against whom TADA charges have been dropped on the basis of administrative reviews by the States/UTs      23,862

(Your) suggestions that those who were enlarged on bail should be permitted to report to the local police where they reside and that those who have not been chargesheeted after one whole year of detention should be discharged and the trial of those under prosecution should be expedited fall within the jurisdiction of the concerned State Governments/UT Administrations.

Moreover, Ministry of Home Affairs has requested the State Governments/UT Administrations that all pending TADA cases, especially those which are pending investigation where no chargesheet have been filed and also cases where the accused are under detention be reviewed thoroughly. Concerted efforts are being made that the few cases pending investigation are either chargesheeted or TADA charges are dropped depending upon the gravity of the case and evidence available. This Ministry will pursue this matter with the concerned States/UTs.

(Source: Joint Secretary, MHA's Letter No. II/13014/12/99-Legal Cell dated 8 December, 1999 to S. Shahabuddin)

Shahabuddin's Reply, 9 December, 1999

... I appreciate the legal position but may I request that on compassionate grounds my suggestion mentioned in Para 4 of your letter be conveyed to the State Governments/UT Administrations for sympathetic consideration.

On Proposed TADA-like Legislation

Shahabuddin's Letter to Sonia Gandhi, 11 Dec, 99

As you are aware, the TADA was repealed in 1995. Now the Vajpayee Government is proposing to enact a similar law ostensibly to fight terrorism and subversive activities.

The proposal, perhaps in the form of a draft bill, was sent to the Law Commission to elicit its views. It is reported that the Commission has endorsed the idea but suggested amendments to the Criminal Law Amendment Bill 1995,which was dropped by the Narasimha Rao Government.

I request you, as the Leader of the Opposition, to suggest to the Prime Minister that the national political parties be consulted and the advice of the National Commission on Human Rights be sought before finalising the proposed legislation.