Excelsior Correspondent
Srinagar, July 12: High Court today in a significant judgment rejected the bail of applicant involved in commission of unlawful activities with the saying that the application for bail filed by the applicant is not maintainable before the court.
“From a bare glimpse of the law laid down, an order of the rejection of the bail passed by the Special Court under the NIA Act of 2008, is appealable and the appeal shall lie before a Bench of two Judges of the High Court”, Justice M K Hanjura said while declining to grant the bail to applicant Nissar Ahmad Najar who has been found to be involved in unlawful activities.
Court on the analogy of Section 21 of the Act, said, the order passed by the Special Court in the application for bail has to be appealed against and the appeal shall lie before the Division Bench and not before the Single Judge of the High Court.
Court on the argument of counsel appearing for applicant that the case has not been taken over for investigation by the National Investigation Agency and, therefore, the rigor of Section 21 of the Act shall not apply to the case said, it is a fallacious one for the simple reason that a Scheduled offence can be investigated into and tried by the State Government also and the forum that shall hear and determine an appeal against the order of the rejection of the bail is provided under Section 21 of the Act 15.
“In view of the preceding analysis, this Court lacks the jurisdiction to decide and determine the application of the applicant, as a sequel to which, the same is dismissed”, court concluded.
By the medium of the application, the applicant-Najar had sought his release on bail with a further prayer that the order of Principal Sessions Judge, Shopian be set aside.
Najar was arrested by Police in connection with a case bearing FIR No. 282/2016 for the commission of offences punishable under Section 13 of the Unlawful Activities (Prevention) Act, 1967 and was lodged in Central Jail Srinagar, in terms of the order of detention No. 88/DMS/PSA/2016 dated 10th of February, 2017.
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