The NIA Court has the power to try both IPC and UAPA offences arising from the same transaction, as per the provisions of the NIA Act, UAPA, and CrPC, and established precedents.

ORDER :

1. The petitioner is before this Court calling in question order dated 30-09-2021 passed by the XLIX Additional Civil and Sessions Judge (Special Court for NIA Cases) at Bangalore in Spl.C.C.No.141 of 2021 by which the application filed by the petitioner seeking transfer of his case from the Special Court trying cases under the National Investigation Agency Act, 2008 (‘the Act’ for short) to the Court having jurisdiction to try IPC offences is rejected.

2. Brief facts that lead the petitioner to this Court in the subject petition, filtering out unnecessary details, are as follows:-

On 11-08-2020 at around 8-45 p.m. it is alleged, that a group of 25 to 30 people gathered in front of Kadugondana Halli (‘KG Halli’ for short) Police Station and started shouting slogans demanding arrest of one Naveen, nephew of Shri Akhanda Srinivasa Murthy, MLA who had posted certain derogatory message on his face-book account, which had generated such insult to the religious faith to those 25 to 30 people who belonged to a particular religion. At about 8.50 p.m. another group of people under the leadership of one Syed Ikramuddin entered KG Halli Police Station demanding registration of a case against the said Naveen and others. The police accepted the complaint and registered an NCR in the light of a preliminary enquiry being conducted for a crime registered in FIR No.195 of 2020 on the same set of fact by Devarajeevana Halli (‘DJ Halli’ for short) Police Station on 11.08.2020 itself.

3. The gathering at KG Halli Police Station increased tenfold and the mob alleged to have indulged in certain acts which resulted in registration of FIR against all those who were involved in the untoward incident that happened on that date. The Allegations initially made against several members of the mob including the petitioner were the ones punishable under Sections 120B, 143, 145, 147 and 188 r/w 34 and 149 of the IPC. After registration of crime, it appears that the police while investigating recorded statements of several witnesses. Pending filing of a final report, the Ministry of Home Affairs, Government of India by its order dated 21-09-2020 transferred the case to National Investigation Agency (‘NIA’ for short) and the NIA conducted fresh investigation or further investigation as the case would be and filed a charge sheet, in which the present petitioner is arrayed as accused No.137 for the offences punishable as afore-quoted.

4. The case does not concern merit of accusations or the facts that led to registration of crime. In the said proceedings before the NIA Court, the petitioner files an application in terms of Section 20 r/w Section 8 of the Act seeking transfer of the case pertaining to him to the Court having jurisdiction to try general IPC offences and that he should not be tried before the NIA Court as there was no allegation that would touch upon the offences punishable under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’ for short) for the NIA Court to get jurisdiction to try non-UAPA offences. The Special Court by its order dated 30-09-2021 rejects the application on the ground that the Court did have power to try the offences both arising out of the IPC and that of UAPA if they arise of the same transaction or the same incident. It is this order that drives the petitioner to this Court in the subject petition.

5. Heard Sri. Mohammed Tahir, learned counsel appearing for the petitioner and Sri P.Prasanna Kumar, learned Special Public Prosecutor for the respondent.

6. The learned counsel representing the petitioner taking this Court through the provisions of the Act would contend that the Special Court is created to hear offences under the Act, it can try only offences scheduled thereto. What is alleged against the petitioner is not a scheduled offence under the UAPA or the scheduled offence under the Act and therefore, the case ought to have been transferred to the concerned Court having jurisdiction to try the IPC offences notwit