Excelsior Correspondent
Srinagar, Dec 13: High Court has admitted the plea of the Peoples Democratic Party youth president Wahid-ur-Rehman Parra against the FIR registered against him under Unlawful Activities Prevention Act and the charge framed by the Special Judge designated under NIA Act at Srinagar.
Justice Sanjay Dhar while refusing the contentions raised by the prosecution counsel with regard to the maintainability of the petition held the petition of Parra maintainable.
Justice Dhar said, it was not open to him to challenge the order framing charges against him passed by the Special Court, by way of an appeal under Section 21 of the Act. The only option, court added, available to him was to challenge the said order under Section 482 of Cr.P.C invoking the inherent powers of this Court, which he has rightly availed.
“A bare perusal of the aforesaid provisions reveals that it begins with a non-obstante clause meaning thereby that the aforesaid provisions would override all other laws including the provisions of Criminal Procedure Code so far as the same relates to the subject matter of appeals. Thus, only the orders, sentences and judgments of the Special Courts are made appealable before the High Court, to be heard by a bench of two Judges. The interlocutory orders and proceedings have been kept out of the purview of the appeal”, Justice Dhar said.
Court said, the argument of the Sr. AAG appears to be attractive, but the same in the context of the provisions contained in a special statute like NIA Act cannot be accepted. An order of framing charges, court said for offenses to which NIA Act applies, having regard to object of speedy trial of such offenses, has to be treated as an interlocutory order and, as such, outside the purview of appeal as provided under Section 21 of the Act.
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