Flawed TADA proceedings result in quashed conviction and release order

Seeni Nainar Mohammed and Ors. Versus State Rep. by Deputy Superintendent of Police

Seeni Nainar Mohammed and Ors. Versus State Rep. by Deputy Superintendent of Police - (2017) 13 SCC 685 Issues Involved:
1. Compliance with Section 20-A of TADA.
2. Validity of the sanction for prosecution under TADA.
3. Reliability of confessions.
4. Reliability of eyewitness testimonies and identification parade.
5. Applicability of TADA provisions to the case.

Detailed Analysis:

1. Compliance with Section 20-A of TADA:
The first issue was whether the approval for prosecution under TADA complied with Section 20-A. The court noted that PW-30 DSP of CBI sought sanction from PW-28 IG, who granted it on 16th September 1997. However, the sanction did not reference A-6's confession, which was crucial in establishing the intent to create terror. The court found that the sanctioning authority did not fully review the records, indicating non-application of mind and mechanical approval, thus not complying with Section 20-A of TADA.

2. Validity of the Sanction for Prosecution under TADA:
The court observed that the sanctioning authority did not consider all relevant documents, especially A-6's confession, which was critical in proving the intent to create terror. The court emphasized that the sanctioning authority must apply its mind to all relevant materials before granting approval. The court concluded that the sanction was granted mechanically and was therefore invalid.

3. Reliability of Confessions:
The court found that the confessions of A-1 and A-6 were not voluntary as they were obtained in a coercive atmosphere. The confessions were contradictory and not recorded in a free environment, violating legal standards. The court held that involuntary confessions could not form the basis of conviction.

4. Reliability of Eyewitness Testimonies and Identification Parade:
The court noted inconsistencies in the eyewitness testimonies and found the identification parade unreliable since the accused's pictures were already published in newspapers. The court emphasized that identification parades should be conducted without undue delay and under strict precautions to ensure reliability. The court accepted the contention that the identification parade was a farce.

5. Applicability of TADA Provisions to the Case:
The court examined whether the acts of the accused constituted "terrorist activity" under Section 3(1) of TADA. The court noted that the intent to create terror in the minds of the public was not established. The court referenced previous judgments, emphasizing that for an act to qualify as a terrorist activity, it must aim to create terror beyond ordinary criminal activity. The court concluded that the acts did not meet the criteria for terrorist activity under TADA.

Conclusion:
The court held that the entire proceedings under TADA were vitiated due to non-compliance with Section 20-A, invalid sanction, and unreliable confessions and identification parade. The court quashed the conviction and sentence, ordering the release of the appellants unless required in any other case. The appeals were allowed.