Case Note & Summary
The National Investigation Agency (NIA) filed an appeal under Section 21(1) of the National Investigation Agency Act, 2008, challenging an order dated 13.11.2017 passed by the XLIX Additional City Civil and Sessions Judge (Special Court for Trial of NIA Cases), Bengaluru, in Spl. C.C.No.223/2017. The trial court had rejected the NIA's application under Section 306 of the Code of Criminal Procedure, 1973 (CrPC) for tendering pardon to the respondent-accused, Mohammed Ayub @ Minto Ayub. The NIA, represented by its Superintendent of Police and Chief Investigating Officer, sought to set aside the rejection and allow the pardon application. The respondent was represented by an advocate. The core legal issue was whether the order rejecting the pardon application was an interlocutory order and thus not appealable under Section 21(1) of the NIA Act. The High Court, comprising Justices K.N. Phaneendra and K. Somashekar, examined the nature of the order. It held that an order under Section 306 CrPC finally determines the rights of the parties regarding the grant of pardon and is not an interlocutory order. Therefore, the appeal was maintainable. The court allowed the appeal, set aside the trial court's order, and remitted the matter back to the trial court for fresh consideration of the pardon application on its merits. The judgment was delivered on 7th December 2018.
Headnote
A) Criminal Procedure - Appeal - Maintainability - Section 21(1) of National Investigation Agency Act, 2008 - Section 306 of Code of Criminal Procedure, 1973 - The court considered whether an order rejecting an application under Section 306 CrPC for tendering pardon is an interlocutory order. Held that such an order is not interlocutory as it finally determines the rights of the parties regarding the grant of pardon and is appealable under Section 21(1) of the NIA Act. (Paras 1-3)
Issue of Consideration
Whether an order rejecting an application under Section 306 of CrPC filed by the prosecution for tendering pardon to an accused is an interlocutory order and therefore not appealable under Section 21(1) of the National Investigation Agency Act, 2008.
Final Decision
The High Court allowed the appeal, set aside the order dated 13.11.2017 passed by the trial court, and remitted the matter back to the trial court for fresh consideration of the application under Section 306 CrPC on its merits.
Law Points
- Appealability under Section 21(1) of NIA Act
- 2008
- Order rejecting tender of pardon under Section 306 CrPC is not interlocutory
- Maintainability of appeal against rejection of pardon application
