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    <title>2011 (2) TMI 1627 - Supreme Court</title>
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    <description>An uncorroborated confession to a police officer was treated as unsafe as the sole basis for conviction, even where such a confession may be admissible under the TADA framework. The Court also held that mere passive membership of a banned organisation is not enough for criminal liability under Section 3(5) unless there is proof of violence, incitement to violence, or conduct intended to create public disorder. The provision was read down to avoid conflict with Articles 19 and 21. On the facts, there was no evidence of active participation, so the conviction was unsustainable and the appellant was entitled to release.</description>
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    <pubDate>Thu, 03 Feb 2011 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=312398</link>
      <description>An uncorroborated confession to a police officer was treated as unsafe as the sole basis for conviction, even where such a confession may be admissible under the TADA framework. The Court also held that mere passive membership of a banned organisation is not enough for criminal liability under Section 3(5) unless there is proof of violence, incitement to violence, or conduct intended to create public disorder. The provision was read down to avoid conflict with Articles 19 and 21. On the facts, there was no evidence of active participation, so the conviction was unsustainable and the appellant was entitled to release.</description>
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      <pubDate>Thu, 03 Feb 2011 00:00:00 +0530</pubDate>
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