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
17.05.21 19:23   Photo
Ananthi blames war criminal Silva for blocking collective memorial at Mu'l'livaaykkaal
23.03.21 12:41   Photo
No focus on Tamil genocide, geopolitics gets played out in Geneva in favour of QUAD formation
21.03.21 13:34   Photo
Navi Pillay explains ‘human rights’ limitations in Geneva on Tamil genocide
15.03.21 20:36   Photo
Deceived Tamil activists in UK falsely claimed ‘substantial changes’ to Zero draft
09.03.21 21:34   Photo
UK repeatedly wronged Tamils says hunger-striker, demands genocide justice
26.02.21 11:53   Photo
Tamils witness false dilemma in Geneva as geopolitical formations pit against each other
19.02.21 14:02   Photo
UK not prepared to push for ICC option in new UNHRC Resolution
07.02.21 23:16   Photo
Unprecedented P2P uprising paves the way for rights-oriented politics of Tamils and Muslims
22.01.21 08:01   Photo
Gotabaya sets up deceptive COI citing ‘sovereignty’ and ‘non-aligned’ foreign policy
18.01.21 23:44   Photo
Tamil activists resisted three sources of outside influence while drafting demands to UNHRC
16.01.21 11:03  
Tamil national parties demand UN to inquire into crime of genocide and set up IIIM
09.01.21 09:37   Photo
Demolition of Tamil genocide monument, fourth emblematic trauma since 1974: Rev Fr Sakthivel
08.01.21 23:51   Photo
Colombo destroys Mu'l'livaaykkaal memorial monument at Jaffna University
07.01.21 11:22   Photo
With emphasis on genocide, Suresh calls for ICC-referral, IIIM and referendum
07.01.21 00:04   Photo
Boyle prefers IIIM demand over ICC-referral, says specific reference to genocide essential
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=33641