SC sets aside conviction of man under TADA Act

The Supreme Court has set aside the conviction and five-year jail term of a man from Tamil Nadu under the Terrorist and Disruptive Activities (Prevention) Act.

Raja alias Ayappan was alleged to be a member of an organisation, ‘Tamilar Pasarai’ formed to create separate statehood for Tamil Nadu. He allegedly made an abortive bid to carry out blast on September 22, 1990, at Tamil Nadu state secretariat building, ‘Namakkal Kavignar Maligai’ in Chennai.

A bench of S Abdul Nazeer and Deepak Gupta, however, overturned designated Special Court's judgement of December 4, 2009, holding him guilty for the offences under the TADA Act and Explosive Substances Act and others.

The accused, who had absconded, was tried separately after his arrest on July 25, 2007. He was granted bail in 2010.

In his appeal, he contended he can't be convicted on the basis of confession by co-accused. He also claimed his confession, recorded in the case, was not voluntary.

Agreeing to the plea, the court ruled confession of two other co-accused can't be treated as admissible under the TADA Act since there was no joint trial here.

The court said Section 15 of the TADA Act specifically provided that the confession recorded would be admissible in the trial of a co¬-accused if he was tried together with the accused who made the confession.

"We are of the view, that if for any reason, a joint trial is not held, the confession of a co-accused cannot be held to be admissible in evidence against another accused who would face trial at a later point of time in the same case," the bench said.

The bench rejected the Tamil Nadu government's defence of the trial court's decision, saying, "if we are to accept the argument of the counsel for the state, it is as good as re¬writing the scope of Section 15 of the TADA Act".