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2024 Supreme(Online)(DEL) 12691

HIGH COURT OF DELHI
JUSTICE PRATHIBA M. SINGH, JUSTICE AMIT SHARMA, JJ
O.M.A. SALAM – Appellant
Versus
NATIONAL INVESTIGATION AGENCY – Respondent


Advocates:
Mr. Adit S. Pujari, Mr. Shaikh Saipan, Mr. Shaurya Mittal, Ms. Mantika Vohra, Mr. Arif Hussain, Mr. Rahul Tyagi, Mr. Jaitn, Mr. Vikas Walia, Ms. Vaideshi Singh, Mr. Abhishek Tomer, Ms. Nancy Bhati, Ms. Phani Bhushan, Mr. Ambur Bhandari

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

Background:

2. The present appeal has been filed on behalf of the Appellant- O.M.A. Salam under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter, the ‘NIA Act, 2008’) challenging the impugned order dated 31st May, 2024 passed by the ld. Special Judge (NIA), Patiala House Courts, New Delhi in NIA Case No. RC No. 14/2022/NIA/DLI titled NIA v. OMA Salam & Ors by which the prayer for interim bail was rejected.

3. Vide order dated 31st May, 2024 the Special Court while considering the position of the Appellant who is the Chairperson of the Popular Front of India (`PFI’) which is a banned organisation as also the nature of allegations against him, denied bail to the Appellant herein. The relevant portion of the order dated 31st May, 2024 is extracted herein:

“10. In the detailed reply filed by the State, a brief synopsis of evidences against accused is put up. As noted above, the court is also required to look into the possibility where accused is likely to commit or indulge in similar violation. Applicant/accused is stated to be indulged in the alleged activities leading to commission of

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