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january 2003

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.

CENTRAL BUREAU OF INVESTIGATION vs ASHIQ HUSSAIN FAKTOO . · Niyam