Confession statements cannot be used as evidence, says SC

In a setback to the prosecution, the Supreme Court on Wednesday held that the confessional statements of the accused involved in the 2003 Mumbai train blasts case cannot be used as evidence for any purpose against a co-accused. Bhadra Sinha reports.

In a setback to the prosecution, the Supreme Court on Wednesday held that the confessional statements of the accused involved in the 2003 Mumbai train blasts case cannot be used as evidence for any purpose against a co-accused.

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A bench headed by Justice P Sathasivam allowed the appeal filed by some accused and lifted the stay that was operating upon the trial.

Agreeing with the submissions made by advocate Akhil Sibal, the bench said: "The decision in Navjot Sandhu's case makes it clear that a confession or statement made under Section 32 of POTA by an accused person cannot be used as a piece of evidence for any purpose against the other co-accused.”

The court set aside a 2004 Bombay High Court full bench verdict and also gave liberty to the petitioners to approach a regular HC bench to press their petitions seeking re-investigation of the encounter that took place subsequent to the blasts.

Some accused were arrested following the encounter.