LAW FOR ALL

Section 20-A of TADA -Mandatory - whether the power of approval vested in the District Superintendent of Police could be exercised by either the Government or the Additional Police Commissioner, Surat in the instant case. - Apex court held that A careful reading of the section leaves no manner of doubt that the provision starts with a non obstante clause and is couched in negative phraseology. It forbids recording of information about the commission of offences under TADA by the Police without the prior approval of the District Superintendent of Police. The question is whether the power of approval vested in the District Superintendent of Police could be exercised by either the Government or the Additional Police Commissioner, Surat in the instant case. Our answer to that question is in the negative. The reasons are not far to seek. We say so firstly because the statute vests the grant approval in an authority specifically designated for the purpose. That being so, no one except the authority so designated, can exercise that power. Permitting exercise of the power by any other authority whether superior or inferior to the authority designated by the Statute will have the effect of re-writing the provision and defeating the legislature purpose behind the same - a course that is legally impermissible - Acquitted all accused as there was no evidence under penal laws apart from TADA = CRIMINAL APPEAL NO. 92 OF 2009 Hussein Ghadially @ M.H.G.A Shaikh & Ors. …Appellants Versus State of Gujarat …Respondent = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41775