Delhi High Court - Orders
Javed Ali @ Javed vs National Investigation Agency on 12 April, 2023
Author: Siddharth Mridul
Bench: Siddharth Mridul
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 479/2022
JAVED ALI @ JAVED ..... Appellant
Through: Mr. Rizwan Ahmad, Mr. Amir
Kaleem and Mr. Arif Ali,
Advocates.
versus
NATIONAL INVESTIGATION AGENCY ..... Respondent
Through: Mr. Rahul Tyagi, SPP for NIA
with Mr. Jain and Mr. Aashish
Chojar, Advocates.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 12.04.2023 Learned counsel appearing on behalf of the appellant prays for time to examine the decisions of the coordinate bench of this Court, in 'Wasim Akram Malik v. National Investigation Agency (NIA)', reported as 2017 SCC Online Del 128 and 'Bachraj Bengani v. State and Ors.' reported as 2004 SCC Online Del 128, wherein it has inter alia been held that an order framing charge under the Unlawful Activities (Prevention) Act, 1967, is an interlocutory order not amenable to appeal within the meaning of the provisions of Section 21 of the National Investigation Agency Act, 2008 as well as the legal position that Section 21 of the said Act is pari materia with the Section 34 of the Prevention Signature Not Verified Digitally Signed By:DURGESH NANDAN CRL.A. 479/2022 Page 1 of 2 Signing Date:18.04.2023 11:08:39 of Terrorism Act, 2002.
In view of the foregoing, the appellant will first satisfy this bench qua the maintainability of the present appeal on the next date of hearing.
Re-notify on 01.08.2023.
Copy of this order be uploaded on the website of this Court.
SIDDHARTH MRIDUL, J GAURANG KANTH, J APRIL 12, 2023/pa Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DURGESH NANDAN CRL.A. 479/2022 Page 2 of 2 Signing Date:18.04.2023 11:08:39