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Sukla Sen

In: Mumbai Post 26/11: An Alternate Perspective

Chapter 13: Acts of Terror and Terrorizing Act: Unfolding Indian Tragedy

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Acts of Terror and Terrorizing Act: Unfolding Indian Tragedy
Acts of terror and terrorizing act: Unfolding Indian tragedy
SuklaSen

In some circles, it is argued that the judiciary places unnecessary curbs on the power of the investigating agencies to tackle terrorism. In India, those who subscribe to this view also demand changes in our criminal and evidence law—such as provisions for longer periods of preventive detention and confessions made before police officials to be made admissible in court. While the ultimate choice in this regard lies with the legislature, we must be careful not to trample upon constitutional principles such as ‘substantive due process’.

The role of the judiciary in this regard should not be misunderstood. Adherence to the constitutional principle of ‘substantive due process’ is an essential ...

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