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Union of India represented by the Inspector of Police National Investigation Agency Chennai – Appellant
Versus
Vivekanandan @ Vivek @ Raja @ Balan @Anandan @ Rajamouli – Respondent
JUDGMENT :
R. PONGIAPPAN, J.
Calling into question the legality and validity of the two orders, both dated 05.05.2021, passed by the Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee (for brevity “the Special Court at Poonamallee”) in Crl.M.P.Nos.168 and 181 of 2021, in and by which, the prayer for police custody of the respondent (Vivek/A.1) has been rejected and bail has been granted to him, respectively, the Inspector of Police, National Investigating Agency, Chennai, has filed these two criminal appeals.
2. The legal issue raised by the National Investigating Agency in these two criminal appeals lies in a very narrow compass, to decide which, it may be necessary to refer to a few dates and events.
2.1 Vivekanandan @ Vivek (A.1)/respondent allegedly uploaded an offensive post in his Facebook account, for which, the Inspector of Police, Thallakulam Police Station, Madurai, registered a case in Cr.No.1916/2020 for the offences under Section 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 (for short “the UAP Act”) and Section 505(1)(b) IPC against Vivek (A.1) and arrested him on 16
Application under Section 43(D)(2) of UAP Act was filed only after expiry of 90th day can be allowed.
The main legal point established is the exclusive jurisdiction of Special Courts for trying UAP Act offences, the right to default bail under Section 167(2) Cr.P.C, and the non-est nature of orders p....
Until a Special Court is constituted by State Government under sub-Section (1) of Section 22 of NIA Act, in case of registration of any offence punishable under UAPA, Court of Sessions of division in....
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
The judgment established that the continued detention of the appellant was in violation of his right to personal liberty, and he was entitled to bail considering the delay in trial and the gravity of....
The right to default bail stands extinguished after the filing of the final report, and compliance with legal provisions is essential.
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