NEW DELHI: The Supreme Court last week settled the controversy regarding the Terrorist and Disruptive Activities (Prevention) Act by observing in the Sanjay Dutt case that “there is no reason, in law, to doubt its constitutionality oraltcrits proper construction.” The Court ruled that film star Sanjay Dutt arrested under TADA for alleged involvement on the Bombay blasts case will have to prove his innocence in the conspiracy on merits for being bailed —out of jail… A five judge Constitution Bench headed by Justice A.M.Ahmedi while rejecting Sanjay’s plea for release on the ground that the prosecution had failed to prove a nexus between his possession of an AK56 riffle and the March 1993 serial bomb blasts, referred the petitioner’s claim for grant of jail on merits, like any other jail matter to the appropriate Division Bench for consideration. “The practical considerations in prosecution for an offence punishable under Section five of TADA affecting the burden of proof indicate that the intended use by the accused of such a weapon of which he is in unauthorized possession within a notified area is known only to him and the prosecution would be unable most often to prove the same while the accused can easily prove his intention in this behalf,” the judges ruled in their 58page verdict read out by Justice. SVerra The judges said the provision of a minimum sentence of five years” imprisonment for unauthorized possession of any of the specified arms with the maximum punishment of life imprisonment under Section five of TADA was itself sufficient to inter Parliament’s intention of not excluding the night of an accused to prove that he is not guilty of the major offence.
Article extracted from this publication >> September 16, 1994
