State (National Investigation Agency) vs Farhan Shaikh on 28 January, 2025

Supreme Court – Daily Orders

State (National Investigation Agency) vs Farhan Shaikh on 28 January, 2025

Author: Sanjay Kumar

Bench: Sanjay Kumar

                                     IN THE SUPREME COURT OF INDIA

                                    CRIMINAL APPELLATE JURISDICTION

                                 CRIMINAL APPEAL NOS. 1824-1826 OF 2019


     STATE (NATIONAL INVESTIGATION                           .....    APPELLANT(S)
     AGENCY)

                                        VERSUS

     FARHAN SHAIKH                                           .....    RESPONDENT(S)



                                              O R D E R

Though not listed today, the present appeals are taken on

Board in view of the statement made by the learned counsel for the

appellant that these appeals have become infructuous in view of

subsequent developments.

Recording the statement made, the appeals are dismissed as

infructuous.

………………CJI
(SANJIV KHANNA)

………………J.
(SANJAY KUMAR)

………………J.
(K.V. VISWANATHAN)
Signature Not Verified
NEW DELHI;

Digitally signed by

JANUARY 28, 2025.

Deepak Guglani
Date: 2025.01.30
16:51:12 IST
Reason:

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ITEM NO.5+7 COURT NO.1 SECTION II-C

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

CRIMINAL APPEAL NOS. 1824-1826 OF 2019

STATE (NATIONAL INVESTIGATION ….. APPELLANT(S)
AGENCY)

VERSUS

FARHAN SHAIKH ….. RESPONDENT(S)

WITH

SLP(Crl) No. 1742/2024 (II-A)
(FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
29226/2024, FOR EXEMPTION FROM FILING O.T. ON IA 29227/2024, FOR
EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
29228/2024, FOR PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES ON IA 35774/2024, FOR EXEMPTION FROM
FILING O.T. ON IA 35775/2024 and FOR EXEMPTION FROM FILING
AFFIDAVIT ON IA 35776/2024)

W.P.(C) No. 1076/2019
(IA No. 5284/2020 – INTERVENTION/IMPLEADMENT)

W.P.(Crl.) No. 114/2024 (X)
(IA No. 51182/2024 – EXEMPTION FROM FILING O.T.)

Date : 28-01-2025 These appeals were called on for hearing today.

CORAM :

HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE SANJAY KUMAR
HON’BLE MR. JUSTICE K.V. VISWANATHAN

For Appellant(s) :

Mr. Balaji Srinivasan, AOR
Mr. Rohan Dewan, Adv.

Mr. Vishwaditya Sharma, Adv.

Mr. Aditya Nath, Adv.

Mr. Pawan Reley, AOR
Mr. Agrim Tandon, Adv.

Mr. Akshay Lodhi, Adv.

Mr. Gaurav Kumar, Adv.

Ms. Simran Singh, Adv.

Mr. Mukesh Kumar Maroria, AOR

Mr. Arvind Datar, Sr. Adv.

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For Respondent(s) :

Mr. Tushar Mehta, S.G.
Mr. K.M. Nataraj, A.S.G.
Mr. Rajesh Kr. Singh, A.S.G.
Mr. Rajan Kumar Chourasia, Adv.
Mr. Kanu Agarwal, Adv.

Mr. Mayank Pandey, Adv.

Mr. Sandeep Mahapatra, Adv.

Mr. Shantnu Sharma, Adv.

Mr. Abhinav Mishra, Adv.

Mr. Arvind Kumar Sharma, AOR
Mr. G. Siddiramulu, Adv.

Mr. Mohd. Irshad Hanif, AOR
Mr. Danish Sher Khan, Adv.

Mr. Amar Kumar Raizada, Adv.

Mr. Aditya Wadhwa, Adv.

Mr. Shivendra Singh, AOR
Ms. Prakriti Rastogi, Adv.

Mr. Bikram Dwivedi, Adv.

Mr. Suryaprakash V. Raju, A.S.G.
Mr. Rajat Nair, Adv.

Mr. Annam Venkatesh, Adv.

Mr. Samrat Goswami, Adv.

Mr. Gaurang Bhushan, Adv.

Mr. Akshay Amritanshu, Adv.

Mr. Rajan Kr. Chourasia, Adv.

Mr. Arvind Kumar Sharma, AOR
Mr. G. Siddiramulu, Adv.

UPON hearing the counsel, the Court made the following
O R D E R

Criminal Appeal Nos. 1824-1826/2019

The appeals are dismissed as infructuous in terms of the

signed order.

SLP(Crl.) No. 1742/2024

It is stated that petitioner no. 2 has passed away.

The application for condonation of delay in filing

application(s) for setting aside abatement and applications for

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setting aside abatement and for the substitution of the legal

representatives of the deceased petitioner no. 2 are allowed,

subject to all just exceptions.

The amended memo of parties will be filed within two weeks.

Re-list the special leave petition along with W.P.(C) No.

1076/2019, titled “Sajal Awasthi v. Union of India”, and other

connected writ petitions/matters on 04.02.2025.

WP(C) No. 1076/2019, W.P.(Crl.) No. 114/2024 and WP(C) No.
1167/2021

W.P.(C) No. 1167/2021 is taken on Board.

It is pointed out that a challenge has been made to the

amendments made to the Unlawful Activities (Prevention) Act, 1967,

before the High Courts of Delhi, Gauhati, Bombay, Jharkhand and

Kerala.

In view of the above position, the learned counsel appearing

for the petitioners shall obtain instructions on the issue as to

why this Court should entertain the present writ petitions under

Article 32 of the Constitution of India.

The High Courts, however, may proceed with the respective writ

petitions.

In W.P.(Crl.) 114/2024, it is stated that petitioner no. 2 has

passed away. The application for condonation of delay in filing

application(s) for setting aside abatement and applications for

setting aside abatement and for the substitution of the legal

representatives of the deceased petitioner no. 2 are allowed,

subject to all just exceptions. The amended memo of parties will be

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filed within two weeks.

Re-list the present writ petitions and all other

connected/similar petitions/matters on 04.02.2025.

Paper book(s) in Criminal Appeal Nos. 1824-1826/2019, which

have been disposed of today, will be kept with the present writ

petitions.

(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order in Criminal Appeal Nos. 1824-1826/2019 is placed on the file)

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