Terrorism and the Rule of Law: A Case Comment on Kartar Singh v. State of Punjab
13 Pages Posted: 10 Sep 2007
Date Written: May 2007
Abstract
The issue of Terrorism concerns countries the world over. In response to it many states have incorporated harsh legislations that violate due process norms to tackle its menace. The detention of people in the United Kingdom, the terrorist laws in Spain and of course the measures of the United States are examples where developed legal systems are compromising civil liberties and rights in interests of national security. There seems to be an unequivocal settlement that national interests are of primary importance and the concern for human rights takes the back seat.
This paper is an attempt to put forth the Indian position on this issue that has been clearly set by the ruling of the Supreme Court in Kartar Singh v. State of Punjab, 1994 (4) SCC 569. The researcher would like to present a critique of this case and address some of the major issues that have arisen out of it.
Keywords: Terrorism, Rule of Law, India
Suggested Citation: Suggested Citation