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october 2008

Supreme Court of India · 2008-10-21

MAHMADHUSEN ABDULRAHIM KALOTA SHAIKH vs UNION OF INDIA .

Citation / case number
SC 2005/13456
Court
Supreme Court of India
Petitioner
MAHMADHUSEN ABDULRAHIM KALOTA SHAIKH
Respondent
UNION OF INDIA .
Author
K.G. BALAKRISHNAN,R.V. RAVEENDRAN,DALVEER BHANDARI, ,
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-terrorism laws, referencing the guidelines established in Kartar Singh v. State of Punjab, (1994) 3 SCC 569, and emphasized the importance of review committees to prevent abuse of power. The Court ultimately ruled against the challenges posed by both parties, affirming the High Court's decision regarding the interpretation of the relevant sections of the Act.

MAHMADHUSEN ABDULRAHIM KALOTA SHAIKH vs UNION OF INDIA . · Niyam