The Supreme Court ruled that appeals under Section 21 of the NIA Act cannot be dismissed solely for being filed after the 90-day limit. The court is reviewing if the limitation is mandatory or directory, as contrasting rulings from Bombay and Madras High Courts create uncertainty. The final decision may significantly impact future cases.
New Delhi: The Supreme Court on Tuesday (Feb 4th) ruled that no appeal filed under Section 21 of the National Investigation Agency (NIA) Act shall be dismissed solely because it was filed after the 90-day limitation period.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan passed this interim order while hearing petitions challenging provisions of the NIA Act.
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“The appeals preferred by the accused or the victims will not be dismissed on the ground that the delay cannot be condoned beyond 90 days,”
the Supreme Court stated.
Section 21 of the NIA Act allows an appeal to be filed against any judgment, sentence, or order (except interlocutory orders) passed by a Special Court before a High Court. However, Section 21(5) states that no appeal shall be entertained beyond 90 days. The Supreme Court is now considering whether this limitation is mandatory or directory.
Different High Courts have taken contradictory stances on this issue:
- Bombay High Court (2023): Ruled that appellate courts can condone delays beyond 90 days if there is sufficient cause.
- Madras High Court (2024): Held that High Courts cannot condone delays beyond the 90-day limit, strictly following the NIA Act.
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The National Investigation Agency (NIA) was represented by Additional Solicitor General KM Nataraj during the hearing. The Supreme Court’s final decision on this issue will clarify whether courts can extend the appeal period under the NIA Act, potentially impacting many cases under the law.
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