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october 1997

Supreme Court of India · 1997-10-01

SUKHBIR SINGH & ORS. vs STATE OF HARYANA

Citation / case number
SC 1988/70855
Court
Supreme Court of India
Petitioner
SUKHBIR SINGH & ORS.
Respondent
STATE OF HARYANA
Author
G.B. PATTANAIK G.N. RAY
Bench
G.B. PATTANAIK G.N. RAY

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Section 302 and Section 307 read with Section 149 of the Indian Penal Code, affirming the findings of the Designated Court. The Court ruled that the Designated Court's decision to not proceed under the Terrorist and Disruptive Activities Prevention Act, 1985 (TADA) was justified, referencing the principles established in Bimal Kaur Khalsa's case and Kartar Singh's case. The Court emphasized that the absence of a competent court's order to set aside the earlier ruling necessitated the trial under IPC provisions only.

SUKHBIR SINGH & ORS. vs STATE OF HARYANA · Niyam