NEW DELHI: Appeals of the accused or victims under the National Investigation Agency (NIA) Act, 2008, should not be dismissed solely on the ground that delays beyond 90 days can’t be condoned, the Supreme Court said on Tuesday.
“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,” a Bench led by CJI Sanjiv Khanna said while hearing petitions challenging the validity of Section 21(5) of the NIA Act which prescribes 90-day time limit for accepting an appeal against a trial court judgment.
The order effectively overrides the statutory restrictions which mandated appeals to be filed within 30 days of the judgment, sentence or order and the high court can accept an appeal after 30 days if the appellant has a good reason. The provision says no appeal can be accepted after 90 days.
While hearing petitions filed by Sushila Devi and Osman Shareef, the Bench asked the parties to file their written submissions, not exceeding three pages, by the next date of hearing.
The Bombay HC in 2023 ruled that appellate courts have the power to condone delay and entertain appeals filed under the NIA Act beyond a period of 90 days if sufficient cause for the delay is shown. However, the Madras HC said last year that high courts were not empowered to condone the delay in filing appeals under the NIA Act beyond the statutorily prescribed limit.