MOHAMMAD BILAL Vs. POLICE SUB-INSPECTOR

JUDGEMENT

(1.) The present Review Petition has been filed seeking review of the order passed in WPHC 10/2023. The brief facts are that petitioner had filed writ of Habeas Corpus assailing the jurisdiction of NIA Cases Special Court to entertain the proceedings in which the petitioner was arraigned as accused.

(2.) The illegality of arrest was challenged on the basis of the order of remand being passed by the Special Court when there was no notification under Sec. 22 of the National Investigation Agency Act, 2008 ('NIA Act', for short).

(3.) The Division Bench has disposed of the Habeas Corpus petition while adverting to the specific contention raised by the petitioner herein relating to the absence of the notification under Sec. 22(1) of the National Investigation Agency Act, 2008. The Division Bench recorded the submission of State Public Prosecutor-2 to the effect that the State Government by order dtd. 19/7/2012 had established court to deal with cases under the Act and therefore the said order is to be treated to be one under Sec. 22(1) of the Act and the Special Court alone has the jurisdiction to deal with the matter.