Suresh Budharmal Kalani alias Pappu Kalani, Appellant v. State of Maharashtra, Respondent.
M.K. MUKHERJEE AND S.S. MOHD. QUADRI, JJ.
Terrorists and Disruptive Activities (Prevention) Act (28 of 1987), Section 14 - Framing of charge - Taking into consideration the confessional statement of accused who was discharged, for framing charges against co-accused - Not proper. (Source: AIR 1998 Supreme Court 3258)
A New TADA in Maharashtra
The spread of lawlessness has coincided with a total .collapse of the police force and absence of proper direction at the top level ...
The police and the state government are trying to hide behind the absence of a tough law for tackling the gangsters. State chief minister Manohar Joshi has repeatedly made claims that in absence of any teeth, the police is unable to keep the gangsters in check for long. The state government is considering bringing in an organised Crime Control Act-basically, TADA under a new garb. ...
The move to bring back TADA under a new form has also caused considerable concern amongst the city's Muslim community which bore the brunt of the abuse of TADA by the state administration. Over 60 per cent of TADA cases in Maharashtra were Muslims even though the conviction rate was abysmal at less than 2 per cent. But this has not deterred the city police from keeping over 1,500 persons under TADA for more than half-a-decade.
Muslim leaders openly said that the new law was aimed at eliminating or driving away the city" Muslims. So far, the state government has not been able to create a case for a strong law like TADA but if the lawlessness continues ...the state and the police (may) bring back draconian laws. (Source: The Sunday, 14 November, 1998)
CPI: Resolution of XVII Congress Chennai, 14-19 September, 1998
On Srikrishna Commission Report
The 17th Congress of the Communist Party of India unequivocally denounces the stand taken by Maharashtra State Government led by Shiv Sena-BJP combine on the recommendations of the Srikrishna Commission Report on communal carnage in Mumbai in December 1992 and January 1993, and the bomb blasts in March 1993.
Not only the report is rejected by the Maharashtra State Government, it has been dubbed as anti-Hindu and biased which it is not.
The State Government has turned blind to the recommendations and revelation in the report particularly about the indictment of Bal Thackeray and other Sena leaders whose individual role also is detailed.
The Congress calls upon the state government to immediately take follow up actions to bring to the book the culprits identified by the Report.
It urges the Government of India to initiate necessary statutory measures to prevent any such communal carnage taking place anywhere in the country.
The Congress calls upon the secular and democratic forces to build up mighty struggle to force the Maharashtra government to implement the recommendations of the Report, and initiate the prosecution against all those persons who are named in the Report.