In Brief
The Supreme Court set aside the conviction of six men convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987 for the murder of a Hindu activist. The Court found that while the brutal murder was established, the sanction required under TADA Section 20-A was granted without the authority applying its mind to key documents proving intent to create terror—the essential ingredient of a terrorist act. The Court also ruled that confessions recorded in CBI custody without a free atmosphere were involuntary and unreliable. The Court held that every murder, however heinous, does not become 'terrorism' without proof of intent to terrorise the public; mere personal grudge does not suffice. Conviction and sentence were set aside.
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