Blog

Supreme Court’s Ruling on Nation Security Threats

Case Title: NATIONAL INVESTIGATION AGENCY NEW DELHI Vs. OWAIS AMIN @ CHERRY & ORS

Case No.: CRIMINAL APPEAL NO. 2668 OF 2024 (Arising out of SLP (Crl.) No. 9052 of 2021)

Order on: MAY 17, 2024

Quorum: J. M. M. SUNDRESH, J. S. V. N. BHATTI

Facts:

In this case, the National Investigation Agency (NIA) appealed a decision by the High Court of Jammu and Kashmir regarding charges against Owais Amin and others. The respondents were accused of attempting to attack a Central Reserve Police Force convoy with a car bomb, which exploded prematurely, causing them to flee. The Special Judge of the NIA found that certain charges could not be pursued because the necessary procedural steps, such as obtaining proper authorization from government officials, were not followed. The HC agreed in part but sent some charges back for reconsideration. The SC had to decide if these procedural requirements under the local criminal procedure code were met, particularly focusing on whether a valid complaint and proper authorization were provided for the prosecution to proceed.

Issues farmed by the Court:

1. Whether the complaint conveyed by the District Magistrate to the NIA Court was in the prescribed form as required by Section 4(1) (e) of the Jammu & Kashmir State Ranbir Penal Code (Cr.PC).
2. Whether the necessary authorization or empowerment as required under Section 196-A of Cr.PC, 1989, was obtained to take cognizance of the charges under Sections 121, 121-A, 122 and 120-B of RPC, 1989.
3. Whether the procedural requirements under Section 196-B of CrPC were followed.
4. Whether the HC’S decision to remit the case back to the Special Judge, NIA for the reconsideration of charges u/s 306 and 411 of RPC 1989, and Section 39 of UAPA, 1967 was appropriate.

Legal Provisions:

Sections 306 the RPC Act: Abetment of suicide.

Section 411 of the RPC Act: Dishonestly receiving stolen property.

Section 39 of the Unlawful Activities (Prevention) Act, 1967: Offence relating to support given to a terrorist organization.

Contentions of the Appellant:

The National Investigation Agency (NIA), herein the appellant, stated that,

Firstly, they contended that the complaint filed against the respondents, accusing them of attempting to attack a convoy with a car bomb, didn’t meet the necessary requirements under the law. They argued that the complaint wasn’t in the right format as per the law, so it shouldn’t be considered valid. Secondly, they emphasized that proper authorization from the government or relevant officials wasn’t obtained before prosecuting the respondents for certain serious charges related to the attack. Moreover, they pointed out that there are specific procedures that need to be followed before taking action on certain types of offences, and these procedures weren’t followed in this case. Hence, they disagreed with the HC’s decision to send back some charges for reconsideration, arguing that it wasn’t necessary and the Special Judge, NIA, had already made the appropriate decisions regarding those charges.

Contentions of the Respondents:

The respondents in this case argued a few main points. First, they contended that the complaint submitted to the NIA Court was valid and met the requirements under the law. They believed that the District Magistrate’s communication to the NIA Court was sufficient to initiate legal action. Secondly, they argued that the prosecution did not need special authorization to pursue certain charges, as the law allowed for discretion in certain circumstances. They believed that the prosecution could proceed without explicit authorization from higher authorities. Lastly, they challenged whether certain procedural steps, like a preliminary investigation, were necessary before taking legal action. They argued that the law didn’t mandate these steps in this particular situation. Overall, the respondents aimed to show that the legal requirements for initiating the case were met and that certain procedural hurdles shouldn’t impede the prosecution.

Court’s Analysis and Judgement:

Upon its analysis, the Hon’ble SC found that the complaint submitted by the District Magistrate was indeed valid under the law. However, they agreed that authorization from higher authorities was necessary for certain charges. Regarding procedural steps, the Court found that the law didn’t require a preliminary investigation before taking legal action in this case. They also upheld the High Court’s decision to send some charges back for reconsideration. Therefore, the SC concluded that while the complaint was valid, proper authorization was needed for specific charges. They clarified that certain procedural steps weren’t necessary in this instance. As a result, they affirmed parts of the HC’s decision and sent the case back for further consideration regarding the charges that needed proper authorization.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

 Judgement Reviewed By- Shramana Sengupta

Click here to View Judgement