Union Of India Represented By Its vs Abdul Razaak

Headnote AI-drafted · Reviewed and approved

The National Investigation Agency (NIA) filed criminal appeals under Section 21(5) of the National Investigation Agency Act, 2008, challenging bail orders granted in favour of accused persons A15 and A18 by the Special Judge for NIA Cases, Ponnamallee. The bail had been granted on the basis of a Division Bench judgment of the Madras High Court in Barakathullah vs. National Investigation Agency, which was subsequently set aside by the Supreme Court, necessitating the NIA to file these appeals with delay.

A preliminary objection was raised by the respondents contesting maintainability on the ground that the appeals were filed beyond the period of limitation prescribed under Section 21(5) of the NIA Act. The core issue before the Court was whether the limitation period under Section 21(5) of the NIA Act could be interpreted differently—one in favour of the accused and another against the prosecution—and whether the power to condone delay could be exercised asymmetrically, with delay being condoned when the accused files an appeal but not when the prosecution does so.

The Court examined the interplay between Section 21(5) of the NIA Act, Section 29(2) of the Limitation Act, 1963, constitutional provisions including Article 21, the right to appeal, and comparable enactments, and considered whether the differential approach previously adopted by the Court in condoning delay for accused persons but not for the prosecution constituted a discriminatory and unjust practice requiring rectification.

Catchwords: National Investigation Agency Act · limitation · condonation of delay · Section 21(5) NIA Act · bail · Unlawful Activities Prevention Act · right to appeal · prosecution · accused · discrimination · Section 29(2) Limitation Act · Article 21 · special court · NIA

Condonation of delay