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october 2010

Supreme Court of India · 2010-10-05

State Of Maharashtra vs Abu Salem Abdul Kayyum Ansari & Ors

Court
Supreme Court of India
Petitioner
State Of Maharashtra
Respondent
Abu Salem Abdul Kayyum Ansari & Ors
Author
R.M. Lodha
Bench
P. Sathasivam, R.M. Lodha

Judgment text excerpt

The Supreme Court addressed the right of an accused to cross-examine an accomplice who was initially tendered pardon under Section 307 of the Code of Criminal Procedure, 1973, but whose pardon was later withdrawn. The Court held that the accused has the right to cross-examine the accomplice, as the withdrawal of pardon affects the status of the accomplice as a witness. The judgment clarified the procedural rights of the accused in the context of the Terrorist and Disruptive Activities (Prevention) Act, 1987, emphasizing the importance of fair trial rights under Article 21 of the Constitution.

State Of Maharashtra vs Abu Salem Abdul Kayyum Ansari & Ors · Niyam