๐๐ง๐ ๐ซ๐๐๐ข๐๐ง๐ญ๐ฌ ๐จ๐ ๐๐๐๐ญ๐ข๐จ๐ง ๐(๐) ๐จ๐ ๐ญ๐ก๐ ๐๐ง๐ญ๐ข ๐๐๐ซ๐ซ๐จ๐ซ๐ข๐ฌ๐ฆ ๐๐๐ญ, ๐๐๐๐ โ๐ง๐จ๐ญ ๐ญ๐ก๐ ๐ก๐๐ข๐ง๐จ๐ฎ๐ฌ๐ง๐๐ฌ๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐ซ๐ข๐ฆ๐โ ๐๐๐ญ๐ญ๐๐ซ๐ฌ: ๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐๐๐ฆ๐๐ฅ ๐๐ก๐๐ง ๐๐๐ง๐๐จ๐ค๐ก๐๐ข๐ฅ
The Supreme Court in a recent judgment has reemphasised that in order to bring a crime within the purview of terrorism as defined in section 6 (1) of the ATA, 1997, it is not enough to show that the crime is so heinous, rather the prosecution has to prove that the crime attracts any of the ingredients of the definition of terrorism.ย In short, the Court held that heinousness of a crime per se does not make the crime an act of terrorism, rather it is to be proved that the crime attracts any of the ingredients of terrorismย as defined in the Act.
In the case in hand, the Petitionerย was accused of abduction for ransom. The prosecution had proved his case beyond any doubt, but they had charged the accused under 7 ATA in addition to section 365-A of the PPC. The Court held that mere kidnapping for ransom is not an act of terrorism. It must be coupled with the intention of causing terror in the society in order to bring it within the ambit of 7 ATA.
The Court further clarified that the Government has power to include any offence within the Third Schedule of the Act to make it triableย by the Anti Terrorism Courts for the purpose of speedy trial. It implies that the ATCsย have dual powers: to adjudicate cases of terrorism andย those which are mentioned in the Third Schedule of the Act. The Court held that inclusion of an act within the Third Schedule does not make it act of terrorism. It is to be shown that there is any nexus of the act with the ingredients of terrorism in order to make it an act of terrorism.
The Court at the end concluded that the kidnapping by the accused did not involve an element of terrorism neither the accused did so with the intent to cause terror within the society. Thus, being so the case, the Courtย altered the charge of the accused from 7 ATA to that of simple offence under section 365-A PPC.
j.p._233_2015
