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september 2012

Supreme Court of India · 2012-09-26

Ashrafkhan @ Babu Munnekhan Pathan & Anr vs State Of Gujarat

Citation / case number
AIR 2013 SC (CRIMINAL) 175
Court
Supreme Court of India
Petitioner
Ashrafkhan @ Babu Munnekhan Pathan & Anr
Respondent
State Of Gujarat
Author
Chandramauli Kr. Prasad
Bench
Chandramauli Kr. Prasad, H.L. Dattu

Judgment text excerpt

The Supreme Court upheld the convictions under Section 120B IPC and Section 3 & 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA), affirming that the prosecution established a conspiracy to use arms and explosives to disrupt communal harmony during the 'Jagannath Rath Yatra'. The Court emphasized the necessity of prior approval from the Deputy Commissioner of Police for the registration of the FIR, which was duly obtained. The judgment confirmed the legality of the investigation and the admissibility of the evidence collected, leading to the conviction of the accused.

Ashrafkhan @ Babu Munnekhan Pathan & Anr vs State Of Gujarat · Niyam