Court dismisses appeal by Amar Yasar due to filing beyond statutory deadline, reinforcing adherence to the NIA Act's strict timeline.
In a significant decision, the Jharkhand High Court, comprising Justices Rongon Mukhopadhyay and Deepak Roshan, dismissed an appeal filed by Amar Yasar against the State of Jharkhand. The appeal was rejected on the grounds of being filed beyond the statutory 90-day period allowed under Section 21(5) of the National Investigation Agency Act, 2008.
The appellant, Amar Yasar, had filed an appeal challenging an order from the trial court related to ATS P.S. Case No. 06/2025, which involved several charges under the Bharatiya Nyaya Sanhita and the Unlawful Activities (Prevention) Act, along with the Arms Act. The court's decision highlighted the mandatory nature of the 90-day appeal period, emphasizing that courts do not have the authority to extend this period, even in cases of hardship or equity considerations.
The appellant's counsel, Md. Mokhtar Khan, argued that the provisions of the Limitation Act should be applicable, allowing for the condonation of delay beyond the 90-day period. He cited precedents from the Delhi and Jammu & Kashmir High Courts, which suggested that the word "may" in the statute granted courts the discretion to condone delays. However, the court rejected this argument, referencing its previous judgment in the case of Vimal Kumar Paswan v. the State of Jharkhand, which affirmed the strict adherence to the statutory timeline.
The High Court underscored that statutory mandates must be followed strictly and that sympathy or hardship cannot override these provisions. The court also referenced the Supreme Court's position that extraordinary constitutional powers cannot be exercised in contravention of statutory mandates.
This decision reinforces the judiciary's commitment to upholding legislative timelines in special cases under the NIA Act, aiming to expedite the judicial process and ensure timely resolution of cases. The ruling serves as a reminder of the strict procedural requirements that govern appeals in cases involving national security and related offenses.
Bottom Line:
Filing of appeal under Section 21(5) of the National Investigation Agency Act, 2008 - Statutory maximum period of 90 days provided for filing an appeal is mandatory and cannot be extended by courts or tribunals beyond this period.
Statutory provision(s): National Investigation Agency Act, 2008 Section 21(5), Bharatiya Nyaya Sanhita, Unlawful Activities (Prevention) Act, Arms Act
Amar Yasar v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2863884
