NAZIR KHAN AND ORS. versus STATE OF DELHI

Citation: [2003] SUPP. 2 S.C.R. 884 · Decided: 22-08-2003 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Directions issued

Judgment (excerpt)

A 
NAZIR KHAN AND ORS. 
v. 
STA TE OF DELHI 
AUGUST 22, 2003 
B 
[DORAISWAMY RAJU AND ARIJIT PASA Y AT, JJ.] 
Terrorist and Disruptive Activities (Prevention) Act, 1987; Ss. 3 and 41 
Pef!al Code, 1860-Ss. 121A, 122, 124A rlw Section 120(B) and 364A/ 
C Foreigners Act, 1946--Section 14: 
Charges under TADA Act, Penal Code and Foreigners Act-Trial of 
nine accused persons by TADA Court-Main accused allowed to leave the 
country by Government of India in exchange of passengers of a hijacked 
aeroplane--Court found six of the accused guilty of having committed various 
offences-Convicted three of them to suffer death sentence, other three awarded 
D life sentence and remaining two acquitted-On appeal, Held: when serious 
crimes as contemplated in Section I 208 lPC rlw proviso to Section I 20(A) 
(2) /PC have been committed, mere proof of an agreement between the 
accused for commission of the crime is enough for conviction-Proof of overt 
act not necessary-Terrorists escaping from their hideout-Exchange of 
E firing-Killing of two police officials and a terrorist was an independent 
act-Section 3(2)(i) of TADA Act not attracted since accused were not 
allegedly involved or. conspired in the killing of two police officials-
Imposition of death sentence not warranted-However, on consideration of 
gravity of the offence, the dastardly nature of the crime and consequences 
therefrom, incarceration of all the six accused persons for a period of 20 
F years would be appropriate-Not entitled to any remission in sentence-
Evidence Act, 1872-Sections 25 and 27-Code of Criminal Procedure, 
1973; Section 14-Sentencing. 
G 
H 
Evidence Act, 1872: 
Confessional statement-Admissibility under TADA Act vis-a-vis 
Evidence Act-Distinction between-Discussed. 
Words and Phrases: 
'Voluntary confession '-Meaning of 
According to the prosecution, nine accused persons including some 
884 
NAZIR KHAN v. ST A TE OF DELHI 
885 
foreigners belonging to militant organizations, hatched a conspiracy to kidnap A 
foreign nationals in India with the object to pressurize Indian Government to 
release some dreaded militants confined in jails. In execution thereof, they 
kidnapped some foreigners and kept them in hideouts and sent demand letters 
to British Embassy, American Embassy and the Government of India for release 
of hardcore terrorists from jails in exchange of kidnapped foreigners. Police B 
in a routine check up around the city of Ghaziabad became suspicious of a 
person who had jumped from a house and ran away; they entered the house 
and found therein one of the kidnapped foreigners. An FIR was lodged under 
the provisions oflPC and TADA Act. 
On the basis of information disclosed, Police arrested some terrorists/ 
accused and surrounded the house where other kidnapped foreigners were C 
kept as hostages. Some of the terrorists, however, managed to escape; one 
terrorist was killed and two police officials died during the operation. However, 
the foreign nationals were released and the accused/terrorists arrested. 
In the meanwhile, other militants hijacked an Indian Airlines D 
passengers Plane, manipulated apd got released some hardcore militants 
including the main accused in exF11ange of passengers in the hijacked plane. 
The Designated Court, in the absence of the main accused, found six 
accused/militants guilty of committing offences punishable under Sections 
364, 121A, 122, 124A r/w Section 120B IPC; Sections 3 and 4 of the Terrorist 
and Disruptive Activities (Prevention) Act; and Section 14 of the Foreigners E 
Act and sentenced them. However, it acquitted the remaining two accused. 
Hence the present appeal by the convicts. 
It was contended for the appellants that the statement of the accusec'. as 
recorded by the Police officials were not voluntary statements since made 
under coercion/threat/undue influence; that their statements did not establish F 
offences for which they had been convicted; that ~ince the ingredients of 
Section 3(2)(i) of the TADA Act were non-existent, the conviction under them 
was unfounded; that the High Court awarding death sentence to some of the 
accused and life imprisonment to remaining accused persons for committing 
similar offences, could not be countenanced; and that statements of the G 
kidnapped foreign nationals who had not appeared as witnesses could not be 
utilized by the Court. 
On behalf of the respondent-State, it was submitted that there had been 
no retraction by the accused from 

Excerpt shown. Read the full judgment & AI analysis in Lexace.