Supreme Court of India
Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid v. State of Maharashtra
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15 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized.
Judgment, page 262
From the headnote
PENAL CODE, 1860: c ss. 302, 302 read with s.34 and s.302 read with ss.109, 120- , 121, 121- and 122 /PC and s.16 of Unlawful Activities (Prevention) Act, 1967 - 26111 (2008) terrorists' attack on Mumbai at targeted places by appellant ( -1) along with 9 other terrorists (dead accused), in furtherance of a conspiracy to wage war against Government of India - 166 people killed and 238 injured - Trial court holding the appellant guilty of the offences charged and awarding him five death sentences - Convictions and sentences confirmed by High Court - Held: On the basis of ocular evidence alone,
Authorities it was built on
- 1983 Machhl Singh and Others v. State of Punjab
- 2008 Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka
- 1994 Kartar Singh v. State of Punjab
- 2009 Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra
- 2005 State (n.c.t. of Delhi) v. Navjot Sandhu@afsan Guru
- 1996 D.K. Basu v. State of West Bengal
- 1985 Olga Tellis & Ors. v. Bombay Municipal Corporation & Ors. Etc.
- 2008 Noor Aga v. State of Punjab & Anr.
- 2010 Mulla & Anr. v. State of U.P.
- 2006 Zahira Habibullah Sheikh and Anr. v. State of Gujarat and Ors.
- 1999 State through Superintendent of Police, Cbi/sit Etc. v. Nalini and Ors. Etc. Etc.
- 2007 Smt. Selvi & Ors. v. State of Karnataka
- 1979 Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, Patna
- 2011 Rameshbhai Chandubhai Rathod v. The State of Gujarat
- 1980 Khatri and Others v. State of Bihar & Ors.
- 1978 Nandini Satpathy v. Dani (p.l.) and Anr.
- 2009 Jayendra Vishnu Thakur v. State of Maharahstra and Another
- 2001 State of Maharashtra v. Bharat Chaganlal Raghana and Ors.
- 2011 Md. Mannan @ Abdul Mannan v. State of Bihar
- 1961 The State of Bombay v. Kathi Kalu Oghad and Others
- 1968 Bashira v. State of U.P.
- 1992 Poolpandi Etc. Etc. v. Superintendent, Central Excise and Others Etc. Etc.
- 2009 Dilip Premnarayan Tiwari and Anr. v. State of Maharashtra
- 1986 Suk Das & Anr. v. Union Territory of Arunachal Pradesh
- 2008 T. Nagappa v. Y.R. Muralidhar
- 1973 Ranchod Mathur Wasawa v. State of Gujarat
- 2011 Senior Intelligence Officer v. Jugal Kishore Samra
- 2009 G. Someshwar Rao v. Samineni Nageshwar Rao & Anr. Etc.
- 1996 Major R.S. Budhwar v. Union of India and Ors.
Where later benches applied it
- 2018 Babasaheb Maruti Kamble v. State of Maharashtra
- 2017 Rakesh Kumar Paul v. State of Assam
- 2014 Md. Jamiludin Nasir v. State of West Bengal
- 2014 Shatrughan Chauhan & Anr. v. Union of India & Ors.
- 2013 State of Rajasthan v. Jamil Khan
- 2024 Sukanya Shantha v. Union of India & Ors.
- 2024 Sunita Devi v. The State of Bihar & Anr
- 2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- 2021 Bhagchandra v. State of Madhya Pradesh
- 2018 Shafhi Mohammad v. The State of Himachal Pradesh
- 2015 Tomaso Bruno & Anr. v. State of U.P.
- 2017 Mukesh & Anr. v. State for Nct of Delhi & Ors.
- 2014 Adambhai Sulemanbhai Ajmeri & Ors. v. State of Gujarat
- 2013 Mohinder Singh v. State of Punjab
- 2012 Oma @ Omprakash and Anr. v. State of Tamil Nadu
Of those, 5 relied on · 6 referred to · 4 mentioned
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