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february 2011

Supreme Court of India · 2011-02-22

C.B.I vs Mustafa Ahmed Dossa

Court
Supreme Court of India
Petitioner
C.B.I
Respondent
Mustafa Ahmed Dossa
Author
Harjit Singh Bedi
Bench
Harjit Singh Bedi, Chandramauli Kr. Prasad

Judgment text excerpt

The Supreme Court ruled that under Section 20 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), the Designated Court erred in allowing the application that restricted the use of evidence collected prior to 31st December 1997 without cross-examination of witnesses. The Court established that the right to cross-examine is fundamental to a fair trial, but the procedural safeguards under TADA must be balanced against the need for effective prosecution in terrorism cases. The Court overturned the Designated Court's order, allowing the evidence to be used against the respondent without the need for cross-examination of previously examined witnesses.

C.B.I vs Mustafa Ahmed Dossa · Niyam