State (CBI) vs Mohd. Salim Zargar @ Fayaz 2025 INSC 376 - S.15 TADA - Free Atmosphere

Terrorist and Disruptive Activities (Prevention) Act, 1987 - Section 15 -Confession should be recorded in a free atmosphere. Recording of confessional statements in a heavily guarded BSF camp or in a JIC where the atmosphere for an accused would generally be daunting and overbearing cannot be said to be in a free atmosphere. (Para 26) Referred to Kartar Singh Vs. State of Punjab (1994) 3 SCC 569- The Legislature had reposed great faith in the fairness and uprightness of the higher police officials in the rank of SP and above while conferring the drastic power of recording confessional statements of the accused persons upon them making the same admissible in evidence subject to fulfillment of the procedural safeguards. But we are afraid, in so far the present case is concerned, the procedural safeguards were given a complete go-bye. The Special Court has stopped short of observing that it was a case of abuse of power and authority. It is indeed a sad reflection as to how investigation and trial unfolded in this case where truth and justice, both for the victims and the accused, remained elusive. It is not for nothing that such draconian provisions have since been repealed. (Para 27)