The Hindu : Parliament attack: SC hearing on `evidence' fixed for April 16

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Tuesday, Apr 01, 2003

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Parliament attack: SC hearing on `evidence' fixed for April 16

By Our Legal Correspondent

NEW DELHI March 31. The Supreme Court today posted for April 16 the final hearing of an appeal filed by the Delhi Government challenging a High Court order that interception of telephonic communication would not be an admissible evidence under the Prevention of Terrorism Act (POTA) in the `December 13 Parliament attack case'.

A Bench comprising Justice S.N. Variava and Justice B.N. Agrawal had already issued notices to S.A.R. Geelani, Shaukat Hussain alias Guru and Navjot Sandhu alias Afsan Guru in this appeal.

Meanwhile, the Delhi High Court is to take up for final hearing tomorrow the appeals filed by the prosecution for confirmation of the death sentence on three of the accused and those of the accused for quashing the sentence.

The special court on July 11 last had held that intercepted conversation between the accused Geelani, Hussain alias Guru and his wife Afsan was an admissible evidence under the POTA. But on appeal from the accused, the Delhi High Court, by an order on October 30 last, rejected it and held that unless prior sanction was obtained for intercepting telephonic talks, they could not be accepted for consideration while framing of charges.

Challenging the High Court order, the SLP said that the High Court had failed to notice that Chapter 5 of the POTA applied only to the transcripts obtained ``pursuant'' to that Chapter and prohibition under Sec. 45 applied only to transcripts collected under that Chapter.

It said intercepts obtained in pursuance of Chapter 5 of the POTA were automatically admissible as relevant evidence, unlike evidence of intercepts under the Telegraph Act, wherein it was incumbent on the prosecution to prove their relevancy and adhere to the tests laid down in the judgment in `Ram Singh's case'.

The SLP prayed for quashing the impugned judgment and an interim stay of its operation.

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