No innocent person should be branded a terrorist and put behind bars simply because he belongs to a minority community, the Supreme Court has told the Gujarat Police.Police must ensure that no innocent person has the feeling of sufferance only because “my name is Khan, but I am not a terrorist,” a Bench of Justices H.L. Dattu and C.K. Prasad said on Wednesday.
It ordered the acquittal of 11 persons, arrested under the Terrorist and Disruptive Activities (Prevention) Act and other laws, and convicted for allegedly planning to create communal violence during the Jagannath Puri Yatra in Ahmedabad in 1994.
“We emphasise and deem it necessary to repeat that the gravity of the evil to the community from terrorism can never furnish an adequate reason for invading personal liberty, except in accordance with the procedure established by the Constitution and the law,” the Bench said.
Being an anti-terrorist law, the TADA’s provisions could not be liberally construed, the Bench said. “The District Superintendent of Police and the Inspector-General and all others entrusted with operating the law must not do anything which allows its misuse and abuse and [must] ensure that no innocent person has the feeling of sufferance only because ‘My name is Khan, but I am not a terrorist’.”
Writing the judgment, Justice Prasad said: “We appreciate the anxiety of the police officers entrusted with preventing terrorism and the difficulty faced by them. Terrorism is a crime far serious in nature, graver in impact and highly dangerous in consequence. It can put the nation in shock, create fear and panic and disrupt communal peace and harmony. This task becomes more difficult when it is done by organised groups with outside support.
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