Access to justice a fundamental right, delay in filing appeals in NIA cases can be condoned: Bombay HC
NIA Act. Under section 21 (5) of the National Investigation Agency (NIA) Act, no appeal shall be entertained after an expiry of period of 90 days from the date of the order under challenge.
A division bench of Justices Revati Mohite Dere and Gauri Godse allowed a plea filed by one Faizal Mirza, arrested by the NIA, seeking condonation of delay of 838 days in filing appeal seeking bail.
Mirza had filed an appeal challenging a March 2020 order passed by a special NIA court rejecting his bail plea.
The high court in its judgment noted the NIA Act has to be read in conjunction with other laws and cannot be said to be a complete code in itself.
The bench also expressed its displeasure with the contradictory stand taken by the NIA.
The HC noted that while in this plea filed by the accused the agency said delay cannot be condoned, but in other HCs the agency had itself filed petitions seeking condonation of delay in appeal filed by it.
«NIA, being a central investigating agency, is expected to take one stand, either ways, for or against. The stand cannot change to suit its needs.
We are unable to see any merit/reason, in the contradictory stand taken by the NIA before different high courts,» the Bombay HC said.
The right of an accused to file an appeal against his conviction is linked to Article 21 of the Constitution of India, it said.
«Presumption of innocence is a human right and the said principle forms the basis of criminal jurisprudence in India. Presumption of innocence, being a facet of Article 21, the same enures to the benefit of the accused,» the HC said.
«An appeal being an extension of the trial, there exists a fundamental right to file an appeal and this right cannot be rendered illusory or subject to chance,» it
