The High Court of Karnataka has ruled that an appeal under the provisions of the National Investigation Agency (NIA) Act, 2008, shall be maintainable before the Division Bench of the High Court only against an interlocutory order granting or refusing to grant bail passed by the Special Court.
No appeal shall lie before the High Court under Section 21 of the NIA Act, 2008, against an order passed by the Special Court under Section 20 of the NIA Act, which empowers the Special Court to transfer certain cases to regular courts after taking cognisance of the offences.
A three-judge bench comprising Chief Justice Ritu Raj Awasthi, Justice B. Veerappa and Justice B. Krishna Bhat delivered the verdict while rejecting an appeal filed by Irfan Pasha and three other persons, who are accused of murdering Rudresh, a worker of Rashtriya Swayamsevak Sangh (RSS).
The special court on February 22, 2021, had rejected their plea for transferring the case to regular court. It was argued on behalf of the petitioners that NIA Special Court could not proceed against them based on the charge-sheet filed against the under the Unlawful Activities (Prevention) Act (UAPA), 1961 was not maintainable due to lacunae in grant of sanction for prosecution under UAPA.
However, the Bench, citing law laid down by the apex court on appeals to be filed under the NIA Act, 2008, has pointed out that Section 21 makes it clear that an applea shall lie to the High Court from any judgement, sentence or order, not being an interlocutory order of a special court.
The High Court also pointed out that the apex court had made it clear that no provision for appeal was provided under Section 21 of the Act on other interlocutory orders except orders on bail application as Section 19 of the Act states that the trial has to proceed on day-to-day basis.
