NATIONAL INVESTIGATION AGENCY Vs. GAUTAM NAVLAKHA

JUDGEMENT

(1.) Leave granted. We have passed an order on 16.03.2020, the same is extracted hereunder :-

(2.) Pending application(s), if any, shall stand disposed of." Signature Not Verified Digitally signed by MUKESH KUMAR Date: 2020.07.06 We have extended the time for three weeks to surrender. Thereafter, further 17:54:10 IST Reason:

(3.) The misc. applications are, accordingly, disposed of." A reading of the order makes it clear that the accused was given liberty to apply before the jurisdictional court as the courts at Bombay are functioning. We have noted the same in the aforesaid order dated 08.04.2020. Thus, in view of the aforesaid clear order passed by this Court and the time of one week granted by this Court, it was the jurisdiction of the Bombay Court alone to entertain any application. By way of misconceived venture, an application was filed directly before the High Court of Delhi. In case any modification of the order dated 08.04.2020 was required, it was incumbent upon the respondent to apply to this court, which he did not do. Thus, the entire exercise taken by the High Court of Delhi was totally uncalled for as the spirit of our order is apparent. The High Court of Delhi should not have entertained the application at the threshold, the observations made are hereby ordered to be expunged. Since the respondent has been moved to Bombay, he is at liberty to apply before the competent court in Bombay. Thus, we set aside the impugned order, including the observations and the proceedings which were initiated. It is the courts at Bombay alone having the jurisdiction, which can entertain the application. Thus, the appeal is allowed.