Excelsior Correspondent
SRINAGAR, Oct 29: The High Court held that a person booked under Unlawful Activities (P) Act can approach the trial court (Special Court under NIA Act) for successive bail application or can prefer the appeal before the Division Bench of the High Court against rejection of bail order not before the Single Bench.
Justice Mohammad Yousuf Wani dismissed the bail application of one Danish Mohiuddin Ganie seeking enlargement on bail in FIR registered with Police Station Awantipora for commission of offences under ULA (P) Act after his bail application was rejected by the designated judge under NIA Act, Pulwama on March 19 this year.
The investigation in FIR No. 221/2022 of Police Station, Awantipora registered under ULA (P) Act has already culminated with the filing of a final report/challan and the same is pending trial before the Court of designated Judge under NIA Act, Pulwama.
Justice Wani has held the instant bail application as not maintainable and dismissed the same on the ground that the accused cannot seek bail in the offences under ULA(P) Act before the Single Bench for that the accused has remedy available either to approach the trial court for successive bail or he can challenge the rejection of bail order before the division bench of high court.
“The petitioner accused is at liberty either to move the Trial Court with a successive bail application upon change in circumstances, if any, or to prefer an appeal before a Division Bench of this Court in accordance with the Provisions of law”, Justice Wani concluded.
The accused counsel vehemently submitted that there is all no bar for filing of a successive petition before this Court seeking bail and added that he is not preferring an appeal against the order of rejection of bail passed by the Trial Court while dismissing the earlier bail petition filed on behalf of the petitioner/accused.
Per contra, the counsel appearing for prosecution, submitted that an in-depth and logical understanding and interpretation of the Provisions of the NIA Act makes it abundantly clear that an order of rejection of bail by a Special Court constituted under NIA Act can only be assailed through the medium of an appeal before the High Court which shall be heard by a Bench of two judges.
“There appears to have been left no scope at all for filing a subsequent application in terms of Section 438 of the Code corresponding to Section 483 of BNSS before a Single Bench of the High Court, upon being aggrieved by an order passed by the Special Court while granting or refusing bail”, read the judgment.
Justice Wani said that this Court is of the considered opinion that in the light of the Provision of Section of the NIA Act, a successive application in terms of the Provisions of BNSS, shall not lie even before the Division Bench of a High Court. The remedy in such a situation lies in filing an appeal assailing the order of rejection of the Special Court before the Division Bench of a High Court.
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