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 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1987 - s.20A - Cognizance of offence - Prior approval of sanctioning authority - Compliance of - On facts, individual attacked by appellants with weapons, resulting in his death - Conviction of the appellants u/s. 20B r/w ss. 302, 147, 148 and 149 IPC and ss. 3(2), (3), (4) of TADA and sentenced to life imprisonment by courts below - On appeal, held: Section 20-A(l) must be construed by indicating that prior approval from the competent authority is mandatory for taking cognizance of offence punishable under TADA - However, sanctioning authority to keep in mind that application of such provisions requires strict interpretation and its non-compliance, may vitiate the entire proceedings in the case - On facts, there was no sufficient compliance of the provisions of s. 20A. Sanctioning Authority without pursuing the relevant documents issued the order of sanction - Sanction was granted mechanically, without application of mind - Confessions of two accused was involuntary and contradicted with each other - Sanctioning authority did not have necessary material before him to show that the alleged act of F causing death of the deceased was done with intent to create terror in the minds of public at large - Thus, the approvals granted by Superintendent of Police and JG, CBI completely invalid lacking compliance of the requirements prescribed u/s. 20-A - As a result of illegal sanction order, criminal proceedings for prosecution under TADA Act vitiated entirely - Order of conviction passed by the TADA court quashed and set aside.Evidence: Test identification parade - Reliability of - When accused already seen through newspaper and prosecution witness never called for identification of the accused - Held: Test identification parade was a farce as after the pictures of the accused had been A published in the newspaper, the identification parade which is a very weak piece of evidence should not have been conducted. Confessions of accused - Reliability - Held: Non-voluntary confession cannot form the basis of conviction - On facts, confessions of accused being involuntary as they were taken in the B immediate custody of high security of CBI, cannot be relied upon. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2017 INSC 406 |
Petitioner | Seeni Nainar Mohammed |
Respondent | State Rep. By Deputy Superintendent Of Police |
SCR | [2017] 3 S.C.R. 312 |
Judgement Date | 2017-04-27 |
Case Number | 498 |
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