Telangana HC reprimands NIA for not applying ‘justice bar’ equally to all

On Friday, September 27, the Telangana High Court reprimanded the National Investigation Agency (NIA) for not applying the ‘barrier of justice’ equally to all accused under the NIA Act. The two-judge bench made this statement while considering whether appeals against the orders of a trial court can be allowed after the expiry of the statutory period under Section 21 of the NIA Act.

The remarks were made by Justices Moushumi Bhattacharya and Nagesh Bheemapaka while hearing a plea filed by three accused in a UAPA case seeking condonation of a 390-day delay in filing criminal appeals against the orders of the Additional Judge and Special Court for Metropolitan Sessions of February 2023 prayed for NIA cases.

The Assistant Commissioner of Police (SIT), NIA, had filed a petition against three accused under Sections 18 (Punishment for conspiracy to commit terrorist act), 18 (B) (Punishment for recruiting persons to commit terrorist act). and 20 (filed as a felony member of a terrorist organization) of the Unlawful Activities (Prevention) Act (UAPA) and extended their remand to 180 days. The NIA has been directed to complete the investigation within these 180 days.