Supreme Court of India · 2003-01-30
CENTRAL BUREAU OF INVESTIGATION vs ASHIQ HUSSAIN FAKTOO .
- Citation / case number
- SC 2001/13842
- Court
- Supreme Court of India
- Petitioner
- CENTRAL BUREAU OF INVESTIGATION
- Respondent
- ASHIQ HUSSAIN FAKTOO .
- Author
- S. N. VARIAVA
- Bench
- B. N. AGRAWAL. S. N. VARIAVA
Judgment text excerpt
The Supreme Court overturned the acquittal of the Respondents under the Terrorist and Disruptive Activities (Prevention) Act, 1987, holding that the confessional statements recorded under Section 15 of the TADA Act were inadmissible due to non-compliance with mandatory procedural safeguards. The Court emphasized that the Superintendent of Police failed to ensure the voluntariness of the confessions and did not record them in the appropriate language, violating the rights of the accused. Consequently, the Court set aside the Designated Court's judgment and directed further proceedings in accordance with the law.