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INDIA BUSINESS WORLD - November 16th December 31st 2008
TADA CONFESSION VALID FOR OTHER LAWS ALSO, RULES SUPREME COURT
THE SUPREME Court has said that the confession made by an accused under provision of The Terrorist and Disruptive Activities (Prevention) Act, 1987, can be relied upon for conviction under other provisions of the law even though the accused is acquitted of the charges of anti-terror law. The apex court upheld the order of a Tada court of Gujarat which had convicted the accused on the basis of their confessions made under Section 15 of TADA Act under provisions of IPC and other statues though they were acquitted of the charges of anti-terror law. They were found guilty of killing Rauf Valiullah, who had prepared a memorandum to be submitted to the central government to expose criminal-political nexus in the state.
Designated Judge (Tada), Ahmedabad had sentenced seven accused in the case to life imprisonment. Two were also convicted under section 27 of the Arms Act, and sentenced to three years rigorous imprisonment. They were also convicted under section 135 of the Bombay Police Act. It was challenged in the apex court. A bench comprising Justice BN Agrawal and Justice GS Singhvi said, "Even if a person is acquitted of the charge under the Act (TADA), a confession recorded under Section 15 can be used for convicting him for an offence under other enactments including IPC."
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