Case Note & Summary
The case involves a criminal appeal filed under Section 21 of the National Investigation Agency Act, 2008 (NIA Act) by four appellants, Irfan Pasha, Waseem Ahmed @ Wasim, Mohammed Saidq @ Mohammed Mazar, and Mohammed Mujeeb Ulla @ Mujeeb, against the State of Karnataka represented by the National Investigation Agency (NIA). The appeal sought transfer of Special Case No. 181/2017 from the XLIX Additional City Civil and Sessions Judge and Special Judge for Trial of NIA Cases (CCH-50) to any other court having jurisdiction under the Code of Criminal Procedure, to proceed with the trial other than the offence under the Unlawful Activities (Prevention) Act. The matter was referred by the Chief Justice to determine whether an interlocutory application filed and dismissed by a Special Court gives rise to an appeal under Section 21 of the NIA Act or whether an appeal lies under Section 21 against an order passed on an interlocutory application filed under Section 20 of the Act. The court, after hearing arguments, held that an order on an interlocutory application is not a final judgment and thus no appeal lies under Section 21 of the NIA Act. Consequently, the appeal was dismissed as not maintainable.
Headnote
A) Criminal Procedure - Appeal - Maintainability - Section 21, National Investigation Agency Act, 2008 - Section 20, National Investigation Agency Act, 2008 - The issue was whether an appeal lies under Section 21 of the NIA Act against an order passed on an interlocutory application under Section 20 of the Act. The court held that an order on an interlocutory application is not a final judgment and therefore no appeal lies under Section 21 of the NIA Act. The appeal was dismissed as not maintainable. (Paras 1-3)
Issue of Consideration
Whether an interlocutory application filed and dismissed by a Special Court would give rise to filing of an appeal under Section 21 of the National Investigation Agency Act, 2008 or whether appeal lies under Section 21 of the National Investigation Agency Act, 2008 against an order passed on an interlocutory application filed under Section 20 of the Act.
Final Decision
The court held that an order on an interlocutory application is not a final judgment and therefore no appeal lies under Section 21 of the National Investigation Agency Act, 2008. The appeal was dismissed as not maintainable.
Law Points
- Appeal under Section 21 of NIA Act lies only against final judgments
- not interlocutory orders
- Interlocutory application dismissed by Special Court does not give rise to appeal under Section 21 of NIA Act
- Section 20 of NIA Act does not provide for appeal against orders passed thereunder
Case Details
2022 LawText (KAR) (03) 6
Criminal Appeal No.755/2021
Ritu Raj Awasthi, Chief Justice, B. Veerappa, J., P. Krishna Bhat, J.
Sri. S Balakrishnan (for appellants), Sri. Prasanna Kumar P (for respondent)
Irfan Pasha, Waseem Ahmed @ Wasim, Mohammed Saidq @ Mohammed Mazar, Mohammed Mujeeb Ulla @ Mujeeb
State of Karnataka, through National Investigation Agency, Bangalore
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Nature of Litigation
Criminal appeal under Section 21 of the National Investigation Agency Act, 2008 challenging an order on an interlocutory application under Section 20 of the Act.
Remedy Sought
Appellants sought transfer of Special Case No.181/2017 from the Special Judge for NIA cases to another court for trial of offences other than under the Unlawful Activities (Prevention) Act.
Filing Reason
The appellants filed an interlocutory application under Section 20 of the NIA Act before the Special Court, which was dismissed. They then filed the present appeal under Section 21 of the NIA Act against that dismissal.
Previous Decisions
The Special Court dismissed the interlocutory application filed under Section 20 of the NIA Act.
Issues
Whether an appeal lies under Section 21 of the National Investigation Agency Act, 2008 against an order passed on an interlocutory application filed under Section 20 of the Act.
Submissions/Arguments
The appellants argued that the appeal is maintainable under Section 21 of the NIA Act against the order dismissing the interlocutory application.
The respondent argued that no appeal lies under Section 21 of the NIA Act against an interlocutory order.
Ratio Decidendi
An appeal under Section 21 of the National Investigation Agency Act, 2008 lies only against a final judgment and not against an interlocutory order passed under Section 20 of the Act.
Judgment Excerpts
Whether an interlocutory application filed and dismissed by a Special Court would give rise to filing of an appeal under Section 21 of the National Investigation Agency Act, 2008 or whether appeal lies under Section 21 of the National Investigation Agency Act, 2008 against an order passed on an interlocutory application filed under Section 20 of the Act.
Procedural History
The appellants filed an interlocutory application under Section 20 of the NIA Act before the Special Court (XLIX Additional City Civil and Sessions Judge and Special Judge for Trial of NIA Cases). The application was dismissed. The appellants then filed Criminal Appeal No.755/2021 under Section 21 of the NIA Act before the High Court of Karnataka. The Chief Justice referred the matter to a larger bench to determine the maintainability of the appeal. The reference was heard and reserved for orders, and the order was pronounced on 29th March 2022.
Acts & Sections
- National Investigation Agency Act, 2008: Section 20, Section 21
