MOHD YUNUS vs STATE OF GUJARAT

The Supreme Court upheld the rejection of the appellant's application to drop charges under Sections 3 and 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA), emphasizing the necessity of written approval as mandated by Section 20A(1) of TADA for initiating criminal proceedings. The Court clarified that oral permission is insufficient and must be documented to ensure transparency and prevent subterfuge. The Court concluded that the prosecution failed to provide valid written authorization, thus affirming the lower court's decision.