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october 2008

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.

Mahmadhusen Abdulrahim Kalota Shaikh vs Union Of India & Ors · Niyam