Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorist and Disruptive Activities (Prevention) Act 1987:Sections 15 & 12-Tria/ of offer.ces under TADA together with offence under any other law-Admissibility of confession recorded under S.15 of TADA in case accused acquitted of offences under TADA in the same trial- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1987: Sections 15 & 12-Trial of offences under TADA together with offence under any other law-Admissibility of confession recorded under S.15 of TADA, in case accused acquitted of offences under TADA in the same trial-Held, it would continue to remain admissible for offences under any other law which were tried alongwith TADA offences. Section 12-Trial under TADA-Non-availability of ordinary procedural Jaw-Held, not discriminatory-Persons tried under TADA form a distinct class-Procedure prescribed for trying them for the aggravated and incensed nature of offences are under different classification-Constitution of India,1950-Articles 14 and 21. Section 18-Invocation of for transferring cases to regular courts-Held, the provision is invokable only at the stage where the Designated Court takes cognizance, i.e. after the investigation is complete and charge-sheet is filed. Misuse of the Act-Caution against, to Police Officials as well as Presiding Officers of Designated Courts-To enforce the Act effectively and in consonance with the legislative intendment i.e. after application of mind Interpretation of Statutes-Jurisdiction of Court to interpret a statute can be invoked only in case of ambiguity. Words and Phrases- "but subject to the provisions of this Section" and 'for an offence under this Act" -Meaning of in context to S.15 of the Terrorist and Disruptive Activities (Prevention) Act. Doubting the correctness of the decision in State v. Nalini, [1999] SCC 253 as to admissibility of a confession in terms of Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), a two-Judge Bench of this Court referred the matter to a three-Judge Bench which in turn made this reference to a five-Judge Bench. The primary question for determination is, as to whether the confessional statement duly recorded under Section 15 of the TADA would continue to remain admissible as for the offences under any other law which were tried along with TADA offences under Section 12 of the Act, notwithstanding the fact that the accused was acquitted of offences under TADA in the said trial. |
Judge | Hon'ble Mr. Justice H.K. Sema |
Neutral Citation | 2005 INSC 27 |
Petitioner | Prakash Kumar @ Prakash Bhutto |
Respondent | State Of Gujarat |
SCR | [2005] 1 S.C.R. 408 |
Judgement Date | 2005-01-12 |
Case Number | 526 |
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