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february 2017

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.

Umarmiya Ismailmiya Saiyed @Mamumiya ... vs State Of Gujarat · Niyam