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The bail or any other applications decided by the Special Court under NIA Act can only be heard by a Division Bench and not by a Single Bench: Allahabad High Court

Under the NIA Act, there are special courts. By notification, the Central Government has the authority to establish Special Courts for any location or category of cases. The decision of the Central Government on the court’s jurisdiction is final.

In the case of Maulana Kaleem Siddiqui vs State Of U.P. Thru.Prin.Secy.Home Lko. (CRIMINAL MISC. BAIL APPLICATION No. – 5425 of 2022 ), the High Court of Allahabad learned bech led by HONOURABLE JUSTICE KRISHAN PAHAL it was marked that The bail or any other applications decided by the Special Court under NIA Act can only be heard by a Division Bench and not by a Single Bench.

FACTS OF THE CASE: Counsel for the State has made a preliminary objection, claiming that the current bail is not maintainable since it is barred by Section 21 of the National Investigation Agency Act, 2008. The applicant should have filed an appeal under Section 21 of the NIA Act, which would have been heard by a division bench.

Counsel for the applicant has filed a bail application, claiming that the Special Court’s trial of the matter without following Section 6 of the NIA Act is unlawful. The case has not been reported to the Central Government as required by Section 6 of the Act.

COURT’S OBSERVATION: Thus, the Hon’ble Court observed that it follows from the aforesaid averments of the parties that the Special Court in the State has been established and the bail application of the applicant has been rejected by the Special Court under NIA Act. No objection whatsoever has been raised by the applicant before the designated court and the provisions of Section 21(4) are applicable to the present case.

Furthermore, Section 6 of the NIA Act has been complied with. The bail application filed without jurisdiction before this Court is, thus, not maintainable.

JUDGEMENT: The bail application was dismissed, although the applicant has the option to appeal to the relevant bench under Section 21 of the NIA Act.

 

JUDGEMENT REVIEWED BY RIYA DWIVEDI

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