VidhiSangh

Supreme Court of India · 19/03/2025

STATE (CBI) versus MOHD. SALIM ZARGAR @ FAYAZ & ORS.

[2025] 4 S.C.R. 156 · 2025 INSC 376

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Summary

The CBI's appeals under Section 19 of the TADA Act against the acquittal of the accused in the 1990 kidnapping and murder of the Vice-Chancellor of Kashmir University and his Personal Secretary (and, in the connected appeal, of the General Manager of HMT Watch Factory) were dismissed. The eye-witnesses could not identify the accused and the AK-47 was never recovered, so the case rested entirely on confessions recorded by an SP under Section 15 of TADA; these were vitiated by recording in a BSF camp and Joint Interrogation Centres on the day of production with no time for reflection, no question-and-answer record of voluntariness, a memorandum silent on place and time, and no authorisation, and one confession was also barred by issue estoppel having been rejected in an earlier trial.

Issues

  1. Whether confessions recorded by a Superintendent of Police under Section 15 of the TADA Act, 1987 read with Rule 15 of the TADA Rules were admissible and reliable when the procedural safeguards and the Kartar Singh guidelines were not followed.
  2. Whether the confessional statement of an accused that had been held inadmissible and unreliable in an earlier TADA trial resulting in his unchallenged acquittal could be relied upon by the prosecution in a later trial, or whether issue estoppel barred it.
  3. Whether the Special Court's acquittal, on the ocular evidence failing to identify the accused and the weapon not being recovered, warranted interference in an appeal against acquittal.

Provisions considered

Held

Result

Both appeals by the State (CBI) dismissed; the Special Court's judgment dated 20.04.2009 acquitting the respondents in CBI Case Nos. RC 5(S)/1990 and RC 6(S)/1990 affirmed.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 156.