1. Appeal against convictions and sentences under TADA, Indian Penal Code, Foreigners Act, Arms Act, Explosive Substance Act, Passports Act, and Wireless and Telegraph Act. (Para 1 , 2 , 3 , 4 , 5 )
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1999 Supreme(SC) 1629
SUPREME COURT OF INDIA
K.T. Thomas, D.P. Wadhwa and S.S. Mohammed Quadri, JJ.
State through Superintendent of Police - Appellants
Versus
Nalini - Respondents
T. Suthenthiraja @ Santhan - Appellants
Versus
State by DSP, CBI, SIT, Chennai - Respondents
P. Ravichandran - Appellants
Versus
State by DSP, CBI, SIT, Chennai - Respondents
Robert Payas - Appellants
Versus
State by DSP, CBI, SIT, Chennai - Respondents
S. Shanmugavadivelu - Appellant
Versus
State by DSP, CBI, SIT, Chennai - Respondents
S. Nalini - Appellants
Versus
State by DSP, CBI, SIT, Chennai – Respondents
Death Reference Case No. 1 of 1998 (@ D. No. 1151 of 1998) WITH Criminal Appeal No. 321,322,323,324,325 of 1998.
Decided On : 11-5-1999
Important Points
The court has the authority to set aside convictions, confirm other convictions, and alter sentences based on the evidence and legal provisions presented.
Subject
Criminal Law - Terrorism
Act Referred
ARMS ACT: S.25(1)(b)
EXPLOSIVE SUBSTANCES ACT: S.5
FOREIGNERS ACT: S.14
INDIAN PENAL CODE: S.120(b), S.212, S.216, S.302
PASSPORTS ACT: S.12
TERRORIST AND DISRUPTIVE ACTIVITIES ACT: S.3(3), S.3(4), S.5
WIRELESS TELEGRAPHY ACT: S.6(1)(a)
EXPLOSIVE SUBSTANCES ACT: S.5
FOREIGNERS ACT: S.14
INDIAN PENAL CODE: S.120(b), S.212, S.216, S.302
PASSPORTS ACT: S.12
TERRORIST AND DISRUPTIVE ACTIVITIES ACT: S.3(3), S.3(4), S.5
WIRELESS TELEGRAPHY ACT: S.6(1)(a)
Headnote
Conviction and Sentence - TADA - The court set aside the conviction and sentence under TADA for certain appellants, confirmed convictions under other sections, and altered death sentences to life imprisonment for some appellants.
Fact of the Case:
The court set aside the conviction and sentence under TADA for certain appellants, confirmed convictions under other sections, and altered death sentences to life imprisonment for some appellants.
Finding of the Court:
The court set aside the conviction and sentence under TADA for certain appellants, confirmed convictions under other sections, and altered death sentences to life imprisonment for some appellants.
Issues: Conviction and sentence under TADA, confirmation of convictions under other sections, alteration of death sentences to life imprisonment
Ratio Decidendi: The court considered the evidence and legal provisions to set aside the TADA convictions, confirm other convictions, and alter the death sentences.
Final Decision: The court set aside the TADA convictions, confirmed other convictions, and altered death sentences to life imprisonment for some appellants.
Legal Category Hierarchy
Advocates Appeared:
For the Appearing Parties :- Mr. Altaf Ahmed, Additional Solicitor General, Mr. N. Natarajan, S. Siva Subramaniam, Sr. Advocates with Mr. Jacob Deniel, Mr. Mariaputham, Mr. Romy Chacko, Mr. S.A. Matoo, Ms. Meenakshi Arora, Mr. A.D.N. Rao, Mr. P. Parmeshwaran, Mr. N. Chandrasekharan, Mr. S. Duraisamy, Mr. T. Ramdass, Mr. Ilamgovan, Mr. Sunder Mohan, B. Gopi Krishna Jai Srilank, K. Vijaykumar, Mr. V. Rama Subramaniam, Mr. T. Raja, Mr. K. Thennan and D.K. Singh, Advocates.
For the Appearing Parties :- Mr. Altaf Ahmed, Additional Solicitor General, Mr. N. Natarajan, S. Siva Subramaniam, Sr. Advocates with Mr. Jacob Deniel, Mr. Mariaputham, Mr. Romy Chacko, Mr. S.A. Matoo, Ms. Meenakshi Arora, Mr. A.D.N. Rao, Mr. P. Parmeshwaran, Mr. N. Chandrasekharan, Mr. S. Duraisamy, Mr. T. Ramdass, Mr. Ilamgovan, Mr. Sunder Mohan, B. Gopi Krishna Jai Srilank, K. Vijaykumar, Mr. V. Rama Subramaniam, Mr. T. Raja, Mr. K. Thennan and D.K. Singh, Advocates.
Table of Contents
ORDER :
K.T. Thomas, J. - The conviction and sentence passed by the trial court of the offences of Section 3(3), Section 3(4) and Section 5 of the TADA are set aside in respect of all those appellants who were found by the trial court guilty under the said counts.
2. The conviction and sentence passed by the trial court of the offences under Sections 212 and 216 of the Indian Penal Code, Section 14 of the Foreigners Act, 1946, Section 25(1-B) of the Arms Act, 1959 Section 5 of the Explosive Substance Act, Section 12 of the Passports Act, and Section 6(1-A) of the Wireless and Telegraph Act, 1933, in respect of those accused who were found guilty of those offences, are confirmed. If they have already undergone the period of sentence under those counts it is for the jail authorities to release such of those against whom no other conviction and sentence exceeding the said period have been passed.
3. The conviction for the offence under Section 120-B read with Section 302 Indian Penal Code as against A-1 (Nalini), A-2 (Santhan @ Raviraj), A-3 (Murugan @ Thas), A-9 (Robert Payas), A-10 (Jayakumar), A-16 (Ravichandran @ Ravi) and A-18 (Perarivalan @ Arivu), is confirmed.
4. We set aside the conviction and sentence of the offences under Section 302 read with Section 120B passed by the trial court on the remaining accused.
5. The sentence of death passed by the trial court on A-1 (Nalini), A-2 (Santhan), A-3 (Murugan) and A-18 (Arivu), is confirmed. The death sentence passed on A-9 (Robert), A-10 (Jayakumar) and A-16 (Ravichandran) is altered to imprisonment for life. The reference is answered accordingly.
6. In other words, except A-1 (Nalini), A2 (Santhan), A-3 (Murugan), A-9 (Robert Payas), A-10 (Jayakumar), A-16 (Ravichandran) and A-18 (Arivu), all the remaining appellants shall be set at liberty forthwith.
Order accordingly.
