Supreme Court of India · 2000-10-11
State Of A.P. vs A. Sathyanarayana And Ors.
- Citation / case number
- 2003 SCC (CRI) 1033
- Court
- Supreme Court of India
- Petitioner
- State Of A.P.
- Respondent
- A. Sathyanarayana And Ors.
- Bench
- M.B. Shah, S.N. Phukan
Judgment text excerpt
The Supreme Court addressed the issue of prior approval under Section 20A(1) of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA), holding that written approval is necessary for transparency and to prevent subterfuge. The Court overturned the Designated Court's order that returned the chargesheet, clarifying that the Superintendent of Police's subsequent written approval, although received after the case registration, was valid. The Court emphasized that the requirement for prior approval is a safeguard against arbitrary police action, and the appeal by the State of A.P. was allowed.