VAN LAL CHANA @ VANTEA Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision has arisen out of the order, dated 04-08-2012, passed, in Special NIA Case No. 01 of 2009, by the learned Special Judge, NIA, Assam, Guwahati, whereby the learned Court below has framed charges, under Sections 120B/121A/121 Penal Code read with Sections 16, 17, 18, and 20 of the Unlawful Activities (Prevention) Act, 1967, against the present accused-petitioner.

(2.) Before this revision could be heard on merit, a preliminary objection has been raised by the respondent herein, namely, National Investigating Agency, the preliminary objection being that this revision, which has been made under Sec. 21 of the National Investigating Agency Act, 2008 (in short, 'NIA Act, 2008'), is not maintainable in law inasmuch as an order framing charge in a case, which is investigated by the NIA and covered by the provisions of the NIA Act, 2008, is an interlocutory order and Sub-Section (1) of Sec. 21 specifically bars appeal and revision from being entertained by any Court, even the High Court, against any interlocutory order of a Special Court, which is constituted under Sec. 11 or under Sec. 22 of the NIA Act, 2008, as the case may be.

(3.) On the preliminary objection having been raised, as indicated above, we have heard, on the preliminary objection, so raised, Mr. D.K. Das, learned Senior counsel, appearing on behalf of the NIA, and Mr. T.B. Bikash, learned counsel for the petitioner. We have also heard Mr. D.K. Mishra, learned Senior counsel, as Amicus Curiae.