Appeals Of Accused & Victims Under NIA Act Can't Be Dismissed On Ground That Delay Can't Be Condoned Beyond 90 Days : Supreme Court

The Supreme Court today (January 4) directed that appeals filed by accused or victims in matters under the National Investigation Agency Act 2008 would not be dismissed on reason that delay beyond a period of 90 days cannot be condoned. 

The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing a batch of pleas challenging S. 21(5) of the NIA Act 2008.

The bench dictated the the order as follows : "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 parties were directed to file written submissions not exceeding 3 pages each by the next date of hearing. 

As per  section 21(5) of NIA : 

(5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days:

Provided further that no appeal shall be entertained after the expiry of period of ninety days. 

The said direction was passed when the court was hearing a connected batch of matters dealing with the challenge to the UAPA Amendment Act 2019 along with the NIA challenge. 

Case Details: SAJAL AWASTHI Versus UNION OF INDIA W.P.(C) No. 1076/20