Supreme Court of India · 2017-02-01
Umarmiya Ismailmiya Saiyed @Mamumiya ... vs State Of Gujarat
- Citation / case number
- AIR 2017 SUPREME COURT 707
- Court
- Supreme Court of India
- Petitioner
- Umarmiya Ismailmiya Saiyed @Mamumiya ...
- Respondent
- State Of Gujarat
- Author
- L. Nageswara Rao
- Bench
- L. Nageswara Rao, S. A. Bobde
Judgment text excerpt
The Supreme Court held that the mandatory requirement of prior approval from the District Superintendent of Police under Section 20A(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987, is crucial for the validity of FIRs concerning TADA offences. The Court emphasized that any violation of this provision vitiates the proceedings, thereby granting the Appellant's plea for bail. The Court distinguished the case from previous rulings, affirming that the Appellant's prolonged abscondence and serious charges do not negate the procedural lapses that occurred in his case.