06.03.2007 - Source: US Department of State

TADA courts curtailed legal protections by other courts ("Country Report on Human Rights Practices 2006") [ID 19192]

"TADA courts curtailed many legal protections provided by other courts. For example, defense counsel was not permitted to see prosecution witnesses, who were kept behind screens while testifying in court, and confessions extracted under duress were admissible as evidence (see section 1.c.).
 "

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Cases under the Terrorist and Disruptive Activities (Prevention) Act ("SAARC Human Rights Report 2006") [ID 18441]

"Although the Terrorists and Disruptive Activities (Prevention) Act (TADA) was allowed to lapse in 1995 by P V Narasimha government, still 147 persons were reportedly being detained for offences under the Act as on 14 December 2005. Of these, 59 cases were registered by CBI, 20 each in Assam and Punjab, 14 each in Gujarat and Maharashtra, 12 in Jummu and Kahsmir, 5 in Rajasthan, 2 in Delhi and 1 in Haryana.[364]
On 21 April 2005, the Supreme Court acquitted Independent MLA Mukhtar Ahmed Ansari from Uttar Pradesh in a TADA case registered against him on 10 December 1993 for lack of evidence to convict him. Earlier, he had been sentenced to 10 years imprisonment by a trial court in 2003.[365]
In Punjab, 51 people were jailed under TADA. In April 2005, Chief Minister Amarinder Singh announced review of 17 cases of those detained on terrorism charges.[366]"

Document(s): Open document

25.05.2005 - Source: Amnesty International

TADA still upright to harass human rights defenders and political opponents ("Annual Report 2005") [#32264],  [ID 6320]

"[...]The lapsed Terrorist and Disruptive Activities Act continued to be used by some state authorities to detain and harass human rights defenders and political opponents. [...]"

Document(s): Open document
Open document

10.2004 - Source: UK Home Office

TADA ("Country Report - October 2004") [#28325],  [ID 6321]

"[...]
5.33 As cited in the US State Department report 2003, although the Terrorist and Disruptive Activities Act (TADA) lapsed in 1995, authorities in Jammu and Kashmir continued to keep in detention persons who had been arrested under TADA in the past. “TADA courts used abridged procedures. For example, defense counsel was not permitted to see witnesses for the prosecution, who were kept behind screens while testifying in court. Also, confessions extracted under duress were admissible as evidence.”[2c](p9)
[...]

6.232 According to USSD 2003,
“Authorities in Jammu and Kashmir continued to keep in detention persons who had been arrested under TADA in the past, despite the fact that the Act lapsed in 1995. In February, the Jammu and Kashmir state Supreme Court overturned the controversial ruling of a TADA court that had acquitted three militants in the murder of Kashmiri Pandit human rights activist H.N. Wanchoo in 1992. Human rights activists estimated that 351 persons remained in custody under the TADA at year's end. In 2002, the Jammu and Kashmir governments established a committee to review detainees' cases and by year's end, the committee released approximately 17 persons. TADA courts used abridged procedures. For example, defense counsel was not permitted to see witnesses for the prosecution, who were kept behind screens while testifying in court. Also, confessions extracted under duress were admissible as evidence.”[2c](p11)[...]

[...]In addition, those detained under Terrorism and Disruptive Activities (Prevention) Act, (TADA) which was enforced in the state in 1987, continue to be behind bars even though the law lapsed in Jammu and Kashmir in 1995. TADA continues to be applied retrospectively in the state. [3l] (p.1-2) [...]"

Document(s): Open document