WASIM AKRAM MALIK Vs. NATIONAL INVESTIGATION AGENCY (NIA)

JUDGEMENT

(1.) When the appeal was listed before this Court on 23.10.2017, the Court had recorded the preliminary objection raised by Mr. Amit Sharma, learned SPP appearing for the respondent NIA regarding maintainability of the appeal in view of section 21 of the National Investigation Agency Act (NIA Act). He has placed reliance on the decision of this Court in Bachraj Bengani @ B.R. Jain v. State, 110 (2004) DLT 233 a decision in the context of section 34 of the Prevention of Terrorism Act, 2002 (POTA), which is para material with Section 21 of NIA Act, and the order dated 18.04.2012 passed in Crl A No. 416/2012, Ghulam Mohammed Bhat v. National Investigation Agency . Reliance was also placed on the decision of the Supreme Court in State v. Navjot Sandhu, (2003) 6 SCC 641 .

(2.) We have heard Mr. Pracha, learned counsel for the appellant, and Mr. Amit Sharma, learned SPP on the aspect of maintainability.

(3.) The appellant has preferred the present appeal to assail the order dated 22.09.2017 passed by the learned Special Judge (NIA) hearing NIA Case No.RC-09/NIA/DLI arising out of FIR No. 49/2011 dated 07.09.2011, titled NIA v. Wasim Akram Malik and Ors. , whereby the learned Special Judge declined the request of the defence counsel that he be allowed to go through the entire file brought by the Tehsildar, Chanakyapuri, on the ground that the same is not a relied upon document by prosecution.