Supreme Court of India

Ashrafkhan @ Babu Munnekhan Pathan v. State of Gujarat

Neutral citation

Reported as [2012] 12 S.C.R. 1033

Bench H.L. Dattu and Chandramauli Kr. Prasad JJ.

Decided 26 September 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that it is not the requirement under Section 20- H A(1) to have the prior approval only in writing.

Judgment, page 26

From the headnote

Terrorist and Disruptive Activities (Prevention) Act, 1987: s.20- (1) - Approval under - Absence - Effect of - c ·Prosecution under provisions of /PC, TADA, Arms Act and Explosive Substances Act - Of 60 accused - Conviction of 11 accused by Designated Court under provisions of TADA, Arms Act and Explosive Substances Act and acquittal of 41 accused - Appeals by the convicted accused as well as the 0 State - Plea of the accused that conviction was vitiated in absence of approval u/s. 20A(1) before registration of FIR - Plea of State interalia that there was approval by the Deputy Commissioner

Authorities it was built on

1995 Anirudhsinhji Karansinhji Jadeja and Anr. v. The State of Gujarat cited by 9
2005 Prakash Kumar @ Prakash Bhutto v. State of Gujarat cited by 7
2005 Mukhtiar Ahmed Ansari v. State (n.c.t. of Delhi) cited by 4
1997 Mohd. Yunus v. State of Gujarat cited by 1
2010 Kalpnath Singh v. Udai Nath & Ors. cited by 1

Where later benches applied it

2019 Ebha Arjun Jadeja & Ors. v. The State of Gujarat relied on
2019 The State of Gujarat v. Anwar Osman Sumbhaniya and Ors. relied on
2016 Mohd. Jalees Ansari and Others v. Central Bureau of Investigation relied on
2023 Judgebir Singh @ Jasbir Singh Samra @ Jasbir & Ors. v. National Investigation Agency referred to
2017 Seeni Nainar Mohammed v. State Rep. by Deputy Superintendent of Police referred to
2014 Hussein Ghadially @m.h.g.a. Shaikh & Ors. v. State of Gujarat referred to
2024 Fuleshwar Gope v. Union of India & Ors. mentioned

Of those, 3 relied on · 3 referred to · 1 mentioned

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