Indian SC rules against criminalising membership of banned organisations

[TamilNet, Monday, 07 March 2011, 09:09 GMT]
“Mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence,” ruled the Supreme Court of India in an appeal case of an activist of ULFA, a banned organisation in India. The apex court also said that confession recorded by a police officer is not an admissible piece of evidence unless corroborated by material evidence, The Hindu reported Friday. The judgment will have significant bearing on many cases and convictions against activists and supporters of various banned organisations in India, observers said.

“Confession is a very weak kind of evidence. As is well known, the widespread and rampant practice in the police in India is to use third degree methods for extracting confessions from the alleged accused. Hence, the courts have to be cautious in accepting confessions made to the police by the alleged accused.”

“Unfortunately, the police in our country are not trained in scientific investigation (as is the police in western countries) nor are they provided the technical equipment for scientific investigation. Hence, to obtain a conviction, they often rely on the easy short cut of procuring a confession under torture.”

“Torture is such a terrible thing that when a person is under torture he will confess to almost any crime. Even Joan of Arc confessed to be a witch under torture. Hence, where the prosecution case mainly rests on the confessional statement made to the police by the alleged accused, in the absence of corroborative material, the courts must be hesitant before they accept such extra-judicial confessional statements,” the Supreme Court said in its judgment.

 

Latest 15 Reports
22.08.19 06:50  
40 parents of missing persons die within 915 days of protest
21.08.19 18:17   Photo
‘Death certificates’ issued to 500 of 3,500 Tamils subjected to enforced disappearance in Ampaa'rai
20.08.19 20:23  
Wigneswaran warns of bleak future for Tamils, urges planning for next step
19.08.19 19:23   Photo
IC sheds crocodile tears over Shavendra appointment, US engages with his war-time chief
18.08.19 23:50   Photo
SL TID detains outspoken Tamil doctor at Pazhai hospital
17.08.19 23:08   Photo
SLA Jaffna commander refuses to release Palaali lands at meeting presided by Wickramasinghe
16.08.19 13:25   Photo
SL Archaeology Department resumes plans to construct controversial ‘chaitya’ at Koonith-theevu
15.08.19 21:39  
Wickramasinghe lacks courage to meet protesting Tamil mothers in North
14.08.19 23:31   Photo
2006 genocidal massacre at Chengchoalai campus marked in Vanni, Jaffna amidst PTA-threats
13.08.19 17:45   Photo
Tamil awareness urged on geopolitics-driven genocidal ‘development’ in Mannaar
12.08.19 20:04   Photo
Percival's 19th century Tamil proverb compilations collated and sorted in new publication
11.08.19 20:32   Photo
PTA-threats against constructing memorial arch for student victims of 2006 aerial massacre
10.08.19 22:49   Photo
Sinhala encroachers storm into 100 acres of lands at Kanneeraavi in Pulmoaddai
09.08.19 14:28  
SL Forest Department retains 8,034 hectares of pasturelands in Paduvaan-karai, Batticaloa
08.08.19 20:05   Photo
Colombo converts 2000 acres of ex-HSZ lands citing India-assisted airport expansion in Jaffna
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=33641