Back
S. M. SUBRAMANIAM, V. SIVAGNANAM
Union of India – Appellant
Versus
Abdul Razaak – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
Prayer in Crl.A.No.1224/2024: Criminal Appeal filed under Section 21 (4) of National Investigation Agency Act, 2008, to set aside the order passed by the Learned Special Judge for NIA Cases (Special Court for Bomb Blast Cases), Ponnamallee in Crl.M.P.No.1565 of 2023 dated 20.10.2023.
Prayer in Crl.A.No.1225/2024: Criminal Appeal filed under Section 21 (4) of National Investigation Agency Act, 2008, to set aside the order passed by the Learned Special Judge for NIA Cases (Special Court for Bomb Blast Cases), Ponnamallee in Crl.M.P.No.1566 of 2023 dated 20.10.2023.
|
| Table of Contents |
| I. | BRIEF FACTS OF THE CASE: |
| II. | BACKGROUND ON THE CRIMINAL APPEALS FILED: |
| III. | LIMITATION PRESCRIBED FOR APPEALS UNDER SECTION 21(5) OF THE NIA ACT AND THE ISSUES RAISED: |
| IV. | POINTS FOR CONSIDERATION: |
| V. | SECTION 29(2) OF LIMITATION ACT, 1963: |
| VI. | CONTRA JUDGMENTS: |
| VII. | LEGAL POSITION IN RESPECT OF THE ISSUE RAISED IN THE PRESENT CASE: |
|
| (A) SPIRIT OF THE RULINGS |
| VIII. | ANALYSIS |
|
| (A) RIGHT TO APPEAL |
|
| (B) NO VIOLATION OF ARTICLE 21 OF THE CONSTITUTION: |
|
| (C) OTHER ENACTMENTS AND CONDONATION OF |
The judgment in Buhari @ Kichan Buhari's case is overruled, affirming that the limitation period under Section 21(5) of the NIA Act is mandatory and cannot be condoned beyond specified limits.
Appeals under NIA Act Section 21(5) filed beyond maximum 90 days are not maintainable; delay uncondonable as provision mandatory, excluding Limitation Act Section 5 application.
The court ruled that the 90-day limit for filing appeals under the National Investigation Agency Act is mandatory, and failure to comply renders the appeal not maintainable.
The court established that the NIA Act's strict timelines for appeals must be followed, and the right to bail is statutory, not fundamental, limiting the court's discretion in condoning delays.
The main legal point established in the judgment is the interpretation of 'interlocutory order' under Section 21 of the NIA Act, 2008 and its applicability to the order of framing charge.
The order framing charges under the NIA Act is classified as an interlocutory order, which is not appealable, thereby reinforcing the legislative intent for expeditious trials.
An appeal does not lie under Section 21 of the NIA Act against an order framing charges. The court emphasized the limited scope of appeal allowed by the Act and the need to consider the purpose and c....
Offence of Attempt to Murder - Bail Application - Power under Section 439 cannot be exercised when there is specific provision in the statute for filing appeal before High Court against an order of g....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
