Supreme Court of India · 2008-10-21
Mahmadhusen Abdulrahim Kalota Shaikh vs Union Of India & Ors
- Court
- Supreme Court of India
- Petitioner
- Mahmadhusen Abdulrahim Kalota Shaikh
- Respondent
- Union Of India & Ors
- Author
- K.G. Balakrishnan
- Bench
- K.G. Balakrishnan, R.V. Raveendran, Dalveer Bhandari
Judgment text excerpt
The Supreme Court addressed the constitutional validity of sections 2(3) and (5) of the Prevention of Terrorism (Repeal) Act, 2004, in the context of appeals from relatives of victims of terrorism and accused under the Prevention of Terrorism Act, 2002. The Court upheld the need for safeguards against misuse of anti-terror laws, referencing the guidelines established in Kartar Singh v. State of Punjab (1994) to prevent abuse by law enforcement. The judgment confirmed the necessity of review committees to oversee the application of such laws, ultimately rejecting the challenges posed by both appellants.