MOHD. IQBAL M. SHAIKH AND ORS. versus STATE OF MAHARASHTRA

MOHD. IQBAL M. SHAIKH AND ORS. versus STATE OF MAHARASHTRA

On the facts the acts in question had the requisite psychological impact and disturbed communal harmony and thus fell within TADA; the Commissioner of Police's sanction was valid because he perused materials and applied his mind (and his testimony supported this); Section 20-A(1) requiring DSP approval was not applicable to the occurrence date; however the prosecution eyewitnesses were found wholly unreliable on close scrutiny (delays, contradictions, omissions, and identifications after being shown accused), and convictions based on that evidence could not be sustained, so convictions and sentences were set aside and appellants were acquitted.

Parties
Appellants: MOHD. IQBAL M. SHAIKH AND ORS.; Respondent: STATE OF MAHARASHTRA
Jurisdiction
India
Judgment Date
15 April 1998
Procedural Posture
Criminal Appeal / Final Judgment on Appeal
Outcome
Appeal allowed in part; convictions and sentences set aside and appellants acquitted and directed to be set at liberty unless required in any other case.
Legal Topics
Meaning of "terrorist Act" Under Section 3, Sanction for Prosecution Under Section 20 a, Competence to Accord Approval Under Section 20 A(1), Appreciation of Evidence in TADA Trials, Test Identification Parade and Identification Evidence, Delay in Questioning Witnesses, Separation of Chaff From Grain
Criminal Law Administrative Law Evidence Law Terrorist and Disruptive Activities (prevention) Act, 1987 Meaning of "terrorist Act" Under Section 3 Sanction for Prosecution Under Section 20 a Competence to Accord Approval Under Section 20 A(1) Appreciation of Evidence in TADA Trials +3 more

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Parties

MOHD. IQBAL M. SHAIKH AND ORS.

Appellants

STATE OF MAHARASHTRA

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the acts constituted a "terrorist act" within the meaning of Section 3(h) of TADA
  2. 2 Whether sanction for prosecution under Section 20-A(2) was valid and involved application of mind
  3. 3 Whether approval for investigation under Section 20-A(1) had to be given by the District Superintendent of Police or could be given by the Commissioner of Police given the date of occurrence

Ratio Decidendi

On the facts the acts in question had the requisite psychological impact and disturbed communal harmony and thus fell within TADA; the Commissioner of Police's sanction was valid because he perused materials and applied his mind (and his testimony supported this); Section 20-A(1) requiring DSP approval was not applicable to the occurrence date; however the prosecution eyewitnesses were found wholly unreliable on close scrutiny (delays, contradictions, omissions, and identifications after being shown accused), and convictions based on that evidence could not be sustained, so convictions and sentences were set aside and appellants were acquitted.

Court Disposition

Appeal allowed in part; convictions and sentences set aside and appellants acquitted and directed to be set at liberty unless required in any other case.

Orders

  • Appeal allowed
  • Convictions and sentences under TADA and the Indian Penal Code set aside