PRAKASH KUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This matter has been referred to a three-Judge Bench doubting the correctness of the decision in State v. Nalini as to admissibility of a confession in terms of Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. It is stated that there are similar provisions available even under the Prevention of Terrorism Act (POTA). If really the question as posed by the two-Judge Bench is to be answered, it could only be done by a bench of five Judges as Nalini case has been decided by a Bench of three learned Judges. Therefore, this matter is referred to a five-Judge Bench. The registry is directed to place the papers before the Hon'ble the Chief Justice of India for appropriate orders. Court Masters