1998 (2) TMI 604 - SC - Indian Laws

Summary

Issues:
- Conviction under Section 5 of TADA
- Power of Supreme Court to enhance sentence
- Scope of Section 377(3) of CrPC
- Applicability of Article 142 of the Constitution

Analysis:

The judgment by the Supreme Court involved the issue of confirming the conviction of the accused under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The Court found the sentence of 5 years awarded by the trial court inadequate and issued notice to the accused for enhancing the sentence. The accused filed detailed submissions, and arguments were heard from senior counsel and the Additional Solicitor General representing the Central Bureau of Investigation.

Regarding the power of the Supreme Court to enhance sentences, the Court clarified that it has broad powers under Article 142 of the Constitution, which are not restricted by the provisions of the Criminal Procedure Code or any other statute. The Court cited previous decisions to support the view that its powers under Article 142 are extensive and aimed at ensuring proper administration of justice.

The scope of Section 377(3) of the Criminal Procedure Code was also discussed. The Court emphasized that this provision allows the High Court to enhance sentences on appeals filed by the Government against inadequacy of sentences. The accused do not have the right to re-canvas the finding of the Court at this stage, as it has already been extensively evaluated.

In considering the appropriate sentence, the Court noted that the minimum sentence prescribed by TADA was inadequate in this case. After evaluating the circumstances and seriousness of the offense, the Court decided to enhance the sentence from 5 years to 10 years for all four accused individuals. The Court concluded by disposing of all appeals in this matter.