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The Delhi High Court has directed the “Special NIA Court”, Patiala House to hear the bail Application of an accused, charged under the UAPA expeditiously.

The present appeal was made as the Special NIA Court had refused to hear the Bail Application till the time physical hearing resumes, despite the direction given in an order dated 27.05.2021 by the Single Judge of the High Court to dispose it off expeditiously.

The Division bench of Justice Siddharth Mridul and Justice Anup Jairam Bhambhani while hearing the appeal, disagreed with the reasoning given by the Special Court and thus directed the Application to be heard on the next date without fail.

“With utmost respect, we do not agree with the reasons ascribed by the learned Special Judge, NIA for not hearing and deciding the appellant’s bail application, despite the same having remained pending before him since 04.02.2021 and in the teeth of the directions issued by the learned single Judge of this Court vidé order dated 27.05.2021,” noted the Bench.

The Petitioner in the present case is an accused under the UAPA for being a conduit in a hawala transaction to fund terrorism, and is in custody since 26.09.2018.

“The present appeal under Section 21(4) of the National Investigation Agency Act, 2008 instituted on behalf of the appellant Mohd. Salim essentially seeks a direction to the Special Judge, NIA, Patiala House Courts, New Delhi before whom NIA Case No.1/2019 titled ‘State vs. Mohd. Salim and Others’ is pending adjudication, to dispose of the appellant’s pending bail application instituted as far back as on 04.02.2021.”

The Bench further without expressing any opinion on the merits of the appellant’s bail application pending adjudication before the learned Special Judge, NIA observed that,

“We direct the learned Special Judge, NIA, Patiala House Courts, New Delhi to commence hearing the appellant’s bail application pending adjudication before him from 07.08.2021, the next date of hearing fixed before him, without awaiting resumption of physical functioning of the courts. The learned Special Judge, NIA is also directed to dispose of the appellant’s bail application expeditiously, as directed by the learned single Judge of this Court vidé order dated 27.05.2021.”

Counsels for the Petitioner – Advocate Tanveer Ahmed Mir & Advocate Prabhav Ralli

Counsels for NIA - Abhay Prakash Sahay, CGSC & Rohit Tyagi, Special Public Prosecutor

[CASE TITLE - Mohd. Salim and Ors. v NIA]