New Delhi, Feb 4 (PTI) — The Supreme Court has ruled that appeals filed by the accused or victims under the National Investigation Agency (NIA) Act, 2008, should not be automatically dismissed merely due to delays beyond the 90-day period, which is stipulated by the Act.
A bench comprising Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan, was hearing challenges to the validity of Section 21(5) of the NIA Act. This section sets a strict time limit for filing appeals against judgments made by trial courts.
In a significant order, the bench clarified that such appeals would not be dismissed simply because they could not be filed within the statutory 90-day limit. The provision in question mandates that appeals must be filed within 30 days of the trial court's judgment, sentence, or order. It allows the high court to consider appeals beyond this period if the appellant provides a valid reason. However, the law stipulates that no appeal can be accepted after 90 days — a provision that has now become a point of contention in the ongoing legal debates.
The bench directed that written submissions from the parties involved be filed by the next hearing, limiting the submissions to three pages each.
The case was brought before the Supreme Court by petitioners Sushila Devi and Osman Shareef, who have challenged the provision on the grounds of its restrictive nature.
The decision marks an important step in the ongoing examination of procedural aspects under the NIA Act and its implications on the rights of the accused and victims.
A bench comprising Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan, was hearing challenges to the validity of Section 21(5) of the NIA Act. This section sets a strict time limit for filing appeals against judgments made by trial courts.
In a significant order, the bench clarified that such appeals would not be dismissed simply because they could not be filed within the statutory 90-day limit. The provision in question mandates that appeals must be filed within 30 days of the trial court's judgment, sentence, or order. It allows the high court to consider appeals beyond this period if the appellant provides a valid reason. However, the law stipulates that no appeal can be accepted after 90 days — a provision that has now become a point of contention in the ongoing legal debates.
The bench directed that written submissions from the parties involved be filed by the next hearing, limiting the submissions to three pages each.
The case was brought before the Supreme Court by petitioners Sushila Devi and Osman Shareef, who have challenged the provision on the grounds of its restrictive nature.
The decision marks an important step in the ongoing examination of procedural aspects under the NIA Act and its implications on the rights of the accused and victims.
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