REDAUL HUSSAIN KHAN Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) This is an appeal, under Section 21(4) of the National Investigation Agency Act, 2008, (in short, 'the NIA Act'), directed against the order, dated 21.09.2011, passed, in Misc. Case No. (NIA) 31/2011 (arising out of NIA Case No. 01/2009 under Sections 120B/ 121/ 121A read with Sections 16, 17, 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967) by the Special Court, Guwahati, constituted under the NIA Act, whereby the prayer of the accused-appellant, Redaul Hussain Khan, to allow him to go on bail stands rejected.

(2.) The above submission, made on behalf of accused Redaul Hussain Khan, seeking to get the Special Leave Petition withdrawn, was resisted by the Union of India on the ground that since the High Court had cancelled the bail, which had been granted by the learned trial Court, it should not be understood by the learned trial Court that by virtue of the order, which accused Redaul Hussain Khan was seeking, in the Special Leave Petition, the order of the High Court stood set aside or interfered with by the Supreme Court, whereupon the Supreme Court made it absolutely clear that this Court's order, in the appeal of Redaul Hussain Khan, cancelling the learned Special Court's order, granting bail, to accused, Redaul Hussain Khan, on the ground of his illness, was not being interfered with by the Supreme Court. The relevant portion of the Supreme Court's order, dated 25.08.2011, read as under:

(3.) From a careful reading of the Supreme Court's order, dated 25.08.2011, aforementioned, following two things become transparent, namely: