STATE THROUGH CBI, DELHI versus GIAN SINGH

STATE THROUGH CBI, DELHI versus GIAN SINGH

The act of appellant firing at Sant Longowal and others in concert with co-assailants constituted a 'terrorist act' under Section 3(1) TADA Act 1985. Although the Act prescribed only death sentence for such offence, the corresponding provision in TADA Act 1987 provides for an alternative sentence of imprisonment for life; benefit of the more lenient law must be extended to the accused, and Article 20(1) does not bar this extension. Accordingly, the sentence is altered from death to imprisonment for life.

Parties
Appellant: State through CBI, Delhi; Respondent: Gian Singh
Jurisdiction
India
Judgment Date
14 September 1999
Procedural Posture
Criminal Appeal and Death Reference / Supreme Court Final Judgment
Outcome
Conviction confirmed; sentence as for terrorist act under TADA Act 1985 altered from death to imprisonment for life.
Legal Topics
Sentencing, Terrorist Act, Assassination, Conspiracy, Retroactive Sentencing
Criminal Law Constitutional Law Sentencing Terrorist Act Assassination Conspiracy Retroactive Sentencing

Case Brief

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Parties

State through CBI, Delhi

Appellant

Gian Singh

Respondent

Procedural Posture

Criminal Appeal and Death Reference / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the act of the appellant falls under 'terrorist act' within Section 3(1) of TADA Act 1985
  2. 2 Whether the death sentence under Section 3(2) TADA Act 1985 should be altered to life imprisonment given the subsequent law and Article 20(1) of Constitution

Ratio Decidendi

The act of appellant firing at Sant Longowal and others in concert with co-assailants constituted a 'terrorist act' under Section 3(1) TADA Act 1985. Although the Act prescribed only death sentence for such offence, the corresponding provision in TADA Act 1987 provides for an alternative sentence of imprisonment for life; benefit of the more lenient law must be extended to the accused, and Article 20(1) does not bar this extension. Accordingly, the sentence is altered from death to imprisonment for life.

Court Disposition

Conviction confirmed; sentence as for terrorist act under TADA Act 1985 altered from death to imprisonment for life.

Orders

  • Sentence under Section 3(2) of TADA Act 1985 altered to imprisonment for life.
  • Other sentences to remain undisturbed and to run concurrently.