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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -52-procedure for granting sanction by the Home Departmentwas followed as per the Gujarat Government Rules ofBusiness, 1990. It was submitted that the sanctionorder was passed by the State Government after properapplication of mind by the competent authority.The learned senior counsel also submitted that thelearned counsel for A-6, Ms. Kamini Jaiswal placedreliance on the case of Ramanath Gadhvi v. State ofGujarat 11qua the sanction under Section 20-A (2) ofTADA, which has been declared per incuriam by a 5Judge Bench in the case of Prakash Bhutto v. State ofGujarat 12and therefore the judgment has no relevance.Confessions of A-1, A-2, A-3, A-4 and A-6 are valid:37. The learned senior counsel contended that theprocedure for recording of the confessions as under11 (1997)7 SCC 74412 (2005)2 SCC 409

Crl.A.Nos.2295-2296 of 2010 -53-Section 32 of POTA was scrupulously followed. Theaccused persons did not make any complaints ofbeatings or ill treatment by the police when producedbefore the CJM for remand on different dates. When thecomplaints were made later, a medical examination wascarried out in which none of the complaints were foundto be true. The learned senior counsel also submittedthat the confessional statements of A-2 and A-4 wererecorded on 24-09-2003, that of A-3 on 17-09-2003 andthat of A-6 on 05-10-2003. A-5 did not make anyconfession at all. The retraction to theseconfessional statements came around five weeks later.He contended that it is clear that these retractionsare mechanical as even A-5, who had not made anyconfessional statement, sent his retraction.The Urdu letters were collected from the dead bodiesof the two fidayeens:

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