Delhi High Court – Orders
Arif Farooq Bhat vs National Investigation Agency on 7 January, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Amit Sharma
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 2/2025, CRL.M.As.20-22/2025
ARIF FAROOQ BHAT .....Appellant
Through: Mr. Archit Krishna, Adv. (M:
9810933083)
versus
NATIONAL INVESTIGATION AGENCY .....Respondent
Through: Ms. Shilpa Singh, SPP with Ms.
Priyam Agrawal, Adv. for NIA.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE AMIT SHARMA
ORDER
% 07.01.2025
1. This hearing has been done through hybrid mode.
2. The present appeal has been filed by the Petitioner- Arif Farooq Bhat
under Section 21(4) of the National Investigation Agency Act, 2008
(hereinafter, ‘NIA Act‘) challenging the impugned order dated 27th August,
2024 passed by the Ld. Special Judge, Patiala House Courts, New Delhi in
Case No. NIA/2/2022 titled ‘NIA v. Tariq Ahmed Dar & Ors.‘ arising out of
RC No. 29/2021/NIA/DLI registered at P.S. NIA under Sections 120B and
121A of the IPC and Sections 18,18A, 18B, 20, 38 and 39 of Unlawful
Activities (Prevention) Act, 1967 by which the bail application of the
Appellant has been rejected.
3. Ld. Counsel for the Appellant submits that the said order was obtained
by the Appellant on 29th August, 2024 and the present appeal has been filed
on 29th November, 2024 i.e., after 92 days. Various reasons have been given
for seeking condonation of delay in filing the appeal.
CRL.A. 2/2025 Page 1 of 4
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4. Ld. Counsel for the Appellant further submits that there is a glaring
issue which has occurred in the impugned order i.e., arguments were heard in
the application on 2nd July, 2024 and the order was reserved. However,
thereafter, the order on charge was passed on 30th July, 2024. The formal
charges were framed on 20th August, 2024. In the impugned order, however,
the subsequent events of framing of charge have been considered and on that
basis, the Appellant’s bail application which was reserved for orders has been
dismissed. This, according to the Appellant would be an irregularity which
would go to the root of the matter.
5. Ms. Shilpa Singh, ld. SPP has been requested to accept notice on behalf
of the National Investigation Agency.
6. Heard. Admittedly, the appeal has been filed beyond the prescribed
period provided under Section 21 of the NIA Act, 2008, i.e., 30 days as also
the extended period of 60 days. This Court has already taken a view that under
Section 21(5), any delay beyond 90 days would not be condonable. The
relevant extract from the decision in Jagtar Singh Johal v. National
Investigation Agency 2024 SCC OnLine Del 6504 is set out below:
“32. In light of the above, this Court is of the opinion
that, as per Section 21(5) of the N.I.A. Act, read with the
rule 5 of Delhi High Court Rules, though the initial
filing was within time, the re-filing of the five appeals in
May and June 2023 has to be construed as a fresh
institution as the same is beyond the 30 days aggregate
period of delay permissible under the Rules. Some of the
decisions above hold that discretion can be exercised
under Section 5 of the Limitation Act of 1963, by the
Court for condoning delay in re-filing and some
decisions hold that Section 5 would not apply. Either
way, in order to exercise discretion to condone delay, it
needs to be noted that the N.I.A. Act is a special statuteCRL.A. 2/2025 Page 2 of 4
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which prescribes an outer limit of 90 days under Sec.
21. Under such circumstances, this Court, is of the
opinion that even delay in refiling, which is beyond the
30 days permissible limit under Rule 5 of the DHC
Rules, would not be liable to be condoned without power
being exercised under Section 5 of the Limitation Act of
1963. The said question whether power under
Section 5 of the Limitation Act of 1963 can be exercised
for condoning delay under Section of the N.I.A. Act,
2008, is pending before the Supreme Court. Considering
the period of delay in re-filing is more than the
aggregate period permitted under the Delhi High Court
Rules, the applications for condonation of delay are not
liable to be allowed. The same are accordingly
dismissed. This would, however, be subject to decision,
which may be rendered by the Supreme Court in Farhan
Sheikh (supra) and the connected matters.
33. The applications seeking condonation of delay
being Crl.A. 493/2023, 538/2023, 539/2023, 540/2023,
541/2023 are accordingly, dismissed. Consequently, the
appeals are also dismissed.”
7. In view thereof, the delay beyond 90 days would not be liable to be
condoned even in the present case as the NIA Act is a special statute and the
language of the Act does not permit condonation of delay beyond the
prescribed period.
8. Insofar as the second submission that the circumstances relating to
framing of charges having been considered by the Special NIA Court, ld.
Counsel submits that the Appellant would like to file a fresh bail application
before the Special NIA Court.
9. Thus, the appeal against the impugned order dated 27th August, 2024
would not be maintainable and is dismissed. It is made clear that if the
CRL.A. 2/2025 Page 3 of 4
This is a digitally signed order.
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Appellant wishes to avail of his remedies by filing a fresh bail application, he
may do so in accordance with law. Any application for bail shall be considered
by the Special NIA Court as per law.
10. The appeal is disposed of in these terms. All pending applications are
also disposed of.
PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
JANUARY 7, 2025
dj/rks/sc
CRL.A. 2/2025 Page 4 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/01/2025 at 21:28:56