The Supreme Court on Tuesday ordered that no appeal filed under Section 21 of the National Investigation Agency (NIA) Act shall be dismissed on the ground that it has been filed beyond the period of limitation of 90 days..The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan passed an interim order to this effect while hearing petitions challenging provisions of the NIA Act."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," the Court ordered..Section 21 of the NIA Act provides that an appeal can be filed against any special court judgment, sentence or order (except interlocutory orders) before a High Court both on facts and on law.The proviso to Section 21(5) states no appeal shall be entertained after the expiry of period of 90 days. The question before the top court is whether the limitation is directory or mandatory..The High Courts have earlier passed contradictory rulings on the question of law.The Bombay High Court 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.In 2024, the Madras High Court held that High Courts are not empowered to condone the delay in filing appeals under the NIA Act beyond the permissible limit..Additional Solicitor General KM Nataraj represented the NIA.
The Supreme Court on Tuesday ordered that no appeal filed under Section 21 of the National Investigation Agency (NIA) Act shall be dismissed on the ground that it has been filed beyond the period of limitation of 90 days..The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan passed an interim order to this effect while hearing petitions challenging provisions of the NIA Act."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," the Court ordered..Section 21 of the NIA Act provides that an appeal can be filed against any special court judgment, sentence or order (except interlocutory orders) before a High Court both on facts and on law.The proviso to Section 21(5) states no appeal shall be entertained after the expiry of period of 90 days. The question before the top court is whether the limitation is directory or mandatory..The High Courts have earlier passed contradictory rulings on the question of law.The Bombay High Court 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.In 2024, the Madras High Court held that High Courts are not empowered to condone the delay in filing appeals under the NIA Act beyond the permissible limit..Additional Solicitor General KM Nataraj represented the NIA.
