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june 2007

Supreme Court of India · 2007-06-21

BALBIR SINGH vs STATE OF DELHI

Citation / case number
SC 2002/10899
Court
Supreme Court of India
Petitioner
BALBIR SINGH
Respondent
STATE OF DELHI
Author
ARIJIT PASAYAT
Bench
P.P. NAOLEKAR DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Designated Court's earlier order of 'acquittal' due to lack of sanction under Section 20-A(2) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA Act) did not constitute a true acquittal on merits, but rather an order of discharge. The Court clarified that without the necessary sanction, the court lacked jurisdiction to proceed, thus the subsequent cognizance taken after obtaining sanction was valid. The appeal was dismissed, affirming the continuation of proceedings under TADA and the Arms Act despite the earlier order.

BALBIR SINGH vs STATE OF DELHI · Niyam