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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Terrorist and Disruptive Activities (prevention) Act, 1987 (28 of 1987) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1985, ss.3 and 4--Conviction under-Prosecution evidence lacking in credibility-Conviction set aside~Investigation of cases under the Act to be not only thorough but also of a high Order. A crowd of about 1500 persons had gathered near the railway line in the village Siwah, District Kamal on the morning or 2.9.85 in response to a call given by the Bhartiya Kisan Union for a Rail Koko Ahhiyan. To safeguard the railway line and to maintain law and order the authorities posted a large contingent or police. Since the demonstrators became violent and attempted to cause damage to the railway line, the police force resorted to lathi charge four or five times during the day and in addition fired tear-gas and even resorted to shooting. The appellant, it is alleged, came at about 8 or 8.30 p.m. to the place where lathi charge and shooting had taken place, addressed the demonstrators and incited them to violence. According to the prosecution, P.Ws. 1 and 2, who were on intelligence duty, carefully listened to the speech and on the next mornlng P. W .1 presented a report at he Police Station. Thereupon a case was registered against the appellant under s.4 or the Terrorists and Disruptive Activities (Prevention) Act, 1985 and after investigation he was charge-sheeted. The Designated Court under the Act accepted the prosecution evidence and found the appellant guilty and convicted him under s.4 of the Act. |
Judge | Hon'ble Mr. Justice S. Natarajan |
Neutral Citation | 1987 INSC 18 |
Petitioner | Balbir Singh |
Respondent | State Of Haryana |
SCR | [1987] 1 S.C.R. 1095 |
Judgement Date | 1987-01-20 |
Case Number | 222 |
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