New Delhi [India], December 24 (ANI): The Delhi High Court has rejected the appeals of Shahid Yousuf, son of Hizbul Mujahideen chief Syed Salauddin; Zahoor Ahmed Shah Watali; separatist leader Shabir Ahmed Shah and several others. They had challenged the order of framing of charges in the different cases lodged by the National Investigation Agency (NIA).
One appeal, pertaining to an FIR of the Delhi Police, was also rejected. Two appeals were filed by Naga Insurgent Alemla Jamir and Masasasong Ao.
The division bench of Justices Vivek Chaudhary and Manoj Jain rejected the appeals after considering the submissions by the counsel for the appellants and the special public prosecutor for the NIA.
The Delhi High Court said that the appeals are not maintainable.
A preliminary objection is raised by the NIA that an appeal against an order framing charge is not maintainable under Section 21 of the NIA Act.
The High Court observed, “An order framing charge, as against a final order, is an interlocutory order, as it does not decide any proceeding finally, and the term ‘ intermediate order’ is a concept of revisional jurisdiction, which cannot be applied while interpreting the term ‘appeal’ both on facts and law.”
“In view of the aforesaid, all the present appeals, on the ground of maintainability, are dismissed,” the division bench said in the judgment of December 23.
The High Court said that an appeal is provided only from any judgment, sentence or order, not being an interlocutory order, to the division bench of the High Court, both on facts and on law. Thus, the Scheme of the Act is that for the scheduled offences covered by the NIA Act, the investigation as well as trial shall be speedy.
A revision challenging any order is absolutely barred to enable the Court to hold proceedings expeditiously, the High Court said.
The counsel for appellants submitted that as per Section 21 of the NIA Act, an appeal is maintainable against every order other than an interlocutory order. It is already settled by the Supreme Court that an order framing a charge is not an interlocutory order, but an intermediate order; thus, from a plain reading of the section, an appeal would be maintainable.
On the other hand, senior advocate Siddharth Luthra, special public prosecutors Rahul Tyagi, Akshai Malik, and advocate Khawar Saleem appeared for the NIA. They submitted that a plain reading cannot be given to Section 21 as the same would not serve the purpose of the NIA Act.
It should rather be interpreted in a manner which fulfils the purpose of the rest of the sections along with the Act, and, thus, a purposeful interpretation needs to be given, the prosecution said.
These appeals were filed by Shahid Yousuf, Shabir Ahmad Shah, Zahoor Ahmad Shah Watali, Syed Ahmad Shakeel, Masarat Alam Bhat, Nayeem Ahmad Khan, Javed Ali alias Javed, Abdur Rehman alias Dr. Brave, Mohd Waqar Lone, Rouf Ahmad Bhat, Mateen Ahmad Bhat, Haris Nisar Langoor, Manan Dar alias Manan, Hanan Gulzar Dar, Zamin Adil Bhat, Arsalan Feroze Ahenger and other accused persons. (ANI)
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