IMPORTANT POINT
In the absence of a designated Special Court under the NIA Act, the jurisdictional Sessions Court has the authority to try scheduled offences under UAPA.

JUDGMENT :

(Apurba Sinha Ray, J.) :

In Re: SRCR 1 of 2022

1. The learned Amicus Curiae Mr. Bhattacharjee has outlined the backdrop of the present criminal reference in the following manner :-

Initially, two cases were registered by the Samsherganj Police Station being Case Nos. 121 of 2021 and 149 of 2021 under Sections 489B/489C of I.P.C. Subsequently, sections 15 and 16 of the Unlawful Activities (Prevention) Act, 1967 (‘Act 1967’ in short hereinafter) were added when the investigation was taken over by Special Task Force (‘STF’ in short hereinafter). After addition of charges under the Act 1967, the learned Additional Chief Judicial Magistrate, Jangipur sent the records of the cases to the Court of the learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad who, in view of the judicial decision reported in (2020) 10 SCC 616 (Bikramjit Singh Vs. State of Punjab), held that only a court constituted under National Investigation Agency Act, 2008 (In short ‘NIA Act’) had the jurisdiction to try the case and accordingly, directed the learned Additional Chief Judicial Magistrate, Jangipur to transfer the case to the learned Special Court (III) at Bichar Bhawan, Kolkata being the 2nd Special Designated Court under the NIA Act. The learned Special Court (III) at Bichar Bhawan, Kolkata, vide his order dated November 16, 2021 observed that the learned Court of the Chief Judge, City Sessions Court at Kolkata was the senior most designated court under the NIA Act and further, since the investigation of the cases under reference was not taken over by the NIA as per the provisions under Section 6 of the NIA Act, 2008, the STF was obliged to carry on the investigation. It was held that no designated court under the NIA Act have jurisdiction to inquire and try the same. The case record was sent back to the learned Additional Chief Judicial Magistrate, Jangipur, who in view of the aforesaid dichotomy, solicited instruction from the learned Sessions Judge, Murshidabad and the learned Sessions Judge after receipt of the case records, by order dated March 11, 2022 stated a case setting out the decision and the reasons thereof and referred the same for decision to this Court under Section 395 of the Code of Criminal Procedure, 1973. The issue as stated by the learned Sessions Judge, Murshidabad is:-

“Whether the Special Court under N.I.A Act at Bichar Bhawan, Kolkata has sole jurisdiction to try the case vide Samsherganj P.S. Case No. 121 of 2021 dated 26.05.2021 U/s 489B/489C of I.P.C and Sections 15(1)(a)(iiia)/16(1)(b) of the UAPA corresponding to G.R. Case No. 869/2021, pending before the Addl. Chief Judicial Magistrate, Jangipur, Murshidabad which involves scheduled offences under the UAPA Act?”

2. As a question of law is involved, this court thought it fit to have some deliberation over the relevant issue and for that purpose requested learned Advocate Mr. Ayan Bhattacharjee to act as an amicus curiae for assisting the court to answer the reference in accordance with law.

3. The learned Amicus Curiae has submitted that the NIA Act came into effect from December 31, 2008. The Act 2008 was enacted for the purpose of constituting an investigation agency at the national level to investigate and to prosecute offenders affecting sovereignty, security and integrity of India, security of State, friendly relations with foreign States and offences under the laws enacted to implement international treaties, agreements, covenants and regulations of the United Nations.

4. Section 3(2) of the NIA Act empowers and authorizes NIA to investigate into a case relating to Scheduled Acts and Scheduled Offences throughout India. The Unlawful Activities (Prevention) Act, 1967 is one of such scheduled Acts.

5. The learned Amicus Curiae has referred to the provisions of the NIA Act. According to him, on registration of an FIR relating to any Scheduled Offence, the Officer-in-Charge of the Police Station is duty bound to report the same to the State Governmen