Sign In / Register
Make This My Home Page | Feedback |RSS
You are here: IE »   Story

Terrorist moves SC, questions TADA provision

  • Print
  • Mail This Article
  • Comments
  • Add to favorites
  • The Supreme Court on Friday agreed to consider a petition filed by a convicted Kashmiri terrorist challenging the validity of a TADA provision that made confession before a police officer an admissible evidence.

    The convict Ashiq Hussaian Faktoo claimed Section 15 of the TADA, which made such confession admissible, was unconstitutional as the same could be obtained under duress by a police officer and claimed there have been conflicting judgments on the validity of the provision.

    Section 15 is a significant departure from Section 24 of the Indian Evidence Act which makes confession before a police officer inadmissible in a court of law unless corroborated by other evidence.

    A bench of Justices Dalveer Bhandari and Mukundakam Sharma refrained from issuing notice to CBI but asked the convict's counsel and former Chief Justice of the J&K High Court B A Khan to furnish certain details to examine the claim.

    Ads by Google

    Faktoo, along with certain other terrorists belonging to "Jamait-ul-Mujahidin", had abducted and shot dead noted human rights activists H N Wanchoo on December 5, 1992.

    A designated CBI court had acquitted him and two others of the charge of killing but on an appeal from the investigating agency, the Supreme Court in 2006 reversed the acquittal and sentenced him and the other two to life imprisonment.

    Comments
    Post comment

    Be the first to comment.

    Post a Comment
    Name:
    Email:
    Title:
    Maximum characters allowed     
    Comment:
    TERMS OF USE:
    The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).
    I agree to the terms of use.