In a landmark decision, the Supreme Court on Tuesday ruled that the appeals of accused persons or victims under the National Investigation Agency (NIA) Act, 2008, should not be dismissed solely on the basis of delays exceeding the 90-day limit. This directive comes as a significant relief for those seeking justice but facing procedural delays.
The ruling was delivered by a bench comprising Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K V Viswanathan, who were examining the legal challenges against Section 21(5) of the NIA Act. This specific section dictates the timeframe within which an appeal against a trial court’s judgment, sentence, or order must be filed.
Traditionally, the NIA Act mandates that appeals be lodged within 30 days of the relevant judgment or order. While the high court may accept appeals filed after 30 days if there is a satisfactory reason, the statute strictly prohibits accepting any appeals after 90 days.
This stringent restriction was contested in the pleas brought forward by individuals including Sushila Devi and Osman Shareef, arguing it was too rigid and often detrimental to the rights of the accused or the victims who might face genuine difficulties in meeting the deadline.
In its decision, the Supreme Court emphasized that the appeals should not be dismissed merely on the grounds of non-condonable delay beyond the 90-day mark, effectively allowing for more leniency in situations where the delay can be justified. This adjustment aims to ensure that justice is not denied due to procedural technicalities.
The court has also requested the parties involved to file their written submissions, limited to three pages, before the next hearing date. This case is set to further clarify the application of time limits in filing appeals under the NIA Act, potentially impacting numerous cases where timing of appeals has been a critical issue.
