BUHARI Vs. STATE

JUDGEMENT

(1.) This instant Criminal Miscellaneous Petition has been filed seeking to condone the delay of 43 days in preferring the Appeal beyond the period of 90 days against the Judgment passed in Crl.M.P. No.645 of 2023 on the file of the Special Court, under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee, dtd. 9/5/2023.

(2.) As per Sec. 21(5) of the National Investigation Agency Act, 2008 (hereinafter referred to as the 'NIA Act'), the High Court shall not entertain any Appeal beyond the period of 90 days.

(3.) The challenge is to the dismissal of a Bail Order. In view of Sec. 21(4) of the NIA Act and the Judgment of the Hon'ble Apex Court interpreting the said provision, the Petitioner/Appellant is also not entitled to file an application under Sec. 439 of the Cr.P.C. If the Petitioner/Appellant is denied the right of Appeal and thereby the right of Bail, because of the procedural restriction, it would amount to a violation of his Fundamental Right under Article 21 of the Constitution of India. Therefore, considering the importance of the issue and in the light of the conflicting views expressed by different High Courts, we requested Mr. AR.L. Sundaresan, the learned Senior Counsel and the Additional Solicitor General of India to act as an Amicus Curiae to assist us in deciding this issue. We also requested Mr. E. Raj Thilak, the learned Additional Public Prosecutor, to render assistance in the matter.