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2018 Supreme(Kar) 55

H.G.RAMESH, P.S.DINESH KUMAR
Union of India, Represented by Secretary, New Delhi – Appellant
Versus
Asim Shariff – Respondent


Advocates Appeared:
For the Appellant : Prabhuling K. Navadgi, ASG for H. Jayakara Shetty, CGC.
For the Respondents:Mohammed Tahir, V. Sreenidhi, AGA, P. Prasanna Kumar, M.S. Shyamsundar, Advocates.

JUDGMENT :

P.S. Dinesh Kumar, J.

1. These appeals raise an important question touching upon 'doctrine of separation of powers' and 'scope of judicial review'.

2. Ministry of Home Affairs, Government of India, passed an order directing the National Investigation Agency ('NIA' for short), to investigate a case involving offences punishable under the Indian Penal Code and Unlawful Activities (Prevention) Act, 1967 ('UA Act' for short). Accused challenged Home Ministry's Order in Writ Petitions before this Court. The Hon'ble Single Judge, allowed the Writ Petitions and set aside Home Ministry's Order.

3. Feeling aggrieved, Union of India, have filed these two Writ Appeals, challenging common order dated 21.03.2017 passed by the Hon'ble Single Judge in W.Ps.No.7267- 7270/2017 connected with W.P.No.6005/2017, allowing the petitions in part and setting aside order dated 07.12.2016 passed by the Ministry of Home Affairs directing investigation by the National Investigation Agency.

4. For the sake of convenience, parties shall be referred to as per their status in the writ petitions.

5. Relevant facts of the case are, on 16.10.2016, a First Information Report (FIR), was registered in Crime No.124








































































































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