Supreme Court upholds acquittals in Kashmir TADA case

The Supreme Court has confirmed the acquittal of six individuals who were accused of kidnapping and murdering two men in Kashmir in 1990. The court found significant procedural issues with the confessions obtained under the Terrorists and Disruptive Activities (Prevention) Act (TADA), which was in effect until 1995. The special court in Jammu had cleared these six men in 2009. They were also linked to another separate case involving the abduction and murder of a general manager, which the Supreme Court had previously dismissed on similar grounds. The Central Bureau of Investigation (CBI) argued that the suspects were part of a banned group that sought to instill fear. Justices Abhay S Oka and Ujjal Bhuyan noted that the Jammu court did not label the actions of the authorities as an abuse of power. They expressed concern over the investigation process, stating that both truth and justice were lacking for all parties involved. The judges pointed out that confessions were recorded in a Border Security Force camp, where the accused likely felt pressured. They stressed that the law requires confessional statements to be made in a voluntary and free environment. The court highlighted discrepancies in the recording of these confessions, such as the date confusion and lack of time allowed for reflection before statements were taken. The judges said these procedural lapses were critical and rendered the confessions unreliable. Ultimately, the Supreme Court found no faults in the trial court's decision to acquit the accused, agreeing that the evidence against them did not hold up under scrutiny.