NEW DELHI: The Supreme Court has set aside the convictions of three accused, charged with offences under the Terrorism and Disruptive Activities (Prevention) Act (TADA), made by the TADA designed judges in Haryana and Punjab.
Setting aside the conviction of Mohan Singh by the Additional Judge, Designated Judge, Faridabad, the apex court in a judgment last week said the accused had been sentenced to. five years rigorous presentment.
He added that the prosecution case was that seven years ago, police officials spotted Mohan Singh suspiciously moving away from them in the waiting hall of the Rewari railway station.
The police made a personal search and recovered a country-made pistol. Mohan Singh denied this during the trial, asserting that he had been falsely implicated.
The judgment said that the prosecution evidence suffered from various infirmities and therefore Mohan. Singh’s conviction was being set aside.
In the other case, which took place more than 10 years ago, Balwant Singh, a senior clerk in the office of the Directorate of Public Instruction, and Bhupinder Singh, a senior clerk in the Punjab School Education Board were arrested near Neelam cinema, Chandigarh, for shouting slogans in support of Khalistan.
The Special Court Punjab sentenced them to one year rigorous imprisonment.
Allowing their appeal and setting them free, the Supreme Court said that raising some slogans which did not evoke any response could not attract the penal provisions of the law. “Some more overt act is required to bring home the charge of sedition against them,” it added. “The police officials exhibited lack of maturity and more of sensitivity in arresting Balwant Singh and Bhupinder Singh. The casual raising of one or two slogans could not have created a law and order situation” the court said.
Article extracted from this publication >> March 24, 1995
