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may 2007

Supreme Court of India · 2007-05-18

VIJAYKUMAR BALDEV MISHRA @ SHARMA vs STATE OF MAHARASHTRA

Citation / case number
SC 2003/21299
Court
Supreme Court of India
Petitioner
VIJAYKUMAR BALDEV MISHRA @ SHARMA
Respondent
STATE OF MAHARASHTRA
Author
S.B. SINHA
Bench
MARKANDEY KATJU

Judgment text excerpt

The Supreme Court addressed the application of the Terrorist and Disruptive Activities (Prevention) Act (TADA) in the context of a murder case involving Anna Shetty. The Court reiterated the necessity of a Review Committee, as established in Kartar Singh vs. State of Punjab, to evaluate cases under TADA to prevent misuse of its stringent provisions. The Court held that the Designated Court must consider the recommendations of the Review Committee regarding the withdrawal of charges under TADA, emphasizing that mere prima facie evidence is insufficient to deny such withdrawal unless there are compelling reasons.

VIJAYKUMAR BALDEV MISHRA @ SHARMA vs STATE OF MAHARASHTRA · Niyam