NEW DELHIA: five Judge Constitution Bench headed by Justice A.M. Ahmadi reserved judgment last week on a Special leave petition of film actor Sanjay Dutt against the refusal of bail by a designated court in Bombay for the offences under the TADA of acquiring unauthorized weapons during late 1992 and January 1993. Earlier, the Amicus Curse appointed by the apex court to assist senior counsel Soli Sorabjee at tacked Section 5 of TADA which makes mere possession of an unauthorized weapon in a notified area an offence without giving an Opportunity to the accused to rebut the presumption of guilt. He said that presumption of innocence is the requirement of a fair trait Sorabjee said that presumption of innocence is part of the Common Law of England as the Common Law of Inui. Sections of TADA to the extent it creates an irrefutable presumption is widely and unreasonably worded and has in substance the same effect as a presumption of guilt, He added that venin Northern Ireland which does not have a provision of fundamental rights, the similar law imposing drastic punishment for possession of unauthorized weapons allows the accused to rebut the presumption of guilt against him.
Article extracted from this publication >> September 9, 1994
