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| SC rejects Salem’s plea in TADA cas |
| SC rejects Salem’s plea in TADA case
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| INDIA
, 6-October-2010
3:20:17 AM |
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The Supreme Court today dismissed the plea of extradited alleged gangster Abu Salem for cross examining a co-accused Riyaz Ahmed Siddique who turned hostile after turning an approver in a TADA (Terrorist and Disruptive Activities Act) related case.
A Bench of Justices P Sathasivam and R M Lodha ruled that since Siddique had turned hostile after agreeing to become an approver for the prosecution, he cannot be cross examined by Salem and others as the witness had forfeited his right of pardon.
“The designated court seriously erred in treating the respondent no 3(Riyaz Ahmed Siddique) hostile witness. It failed to consider that the pardon granted and accepted by him was conditional pardon inasmuch as it was on the condition of his making a true and full disclosure of all the facts concerning the commission of crime and once the pardon granted to him stood forfeited, on the certificate issued by the Special Public Prosecutor, he was relegated to the position of an accused and did not remain a witness,” Justice Lodha writing the judgement observed
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