Excerpt
The Calcutta High Court on 8th March 2021 allowed the appeal filed for seeking of condonation of delay due to the lockdown caused by covid-19 pandemic, concerning the National Investigation Agency Act (NIA Act).
Facts
The appellant filed the instant appeal to seek condonation of delay in terms of the proviso to sub-section (5) of section 21 of the National Investigation Agency Act.
Appellant’s Arguments
Learned Counsel for the appellant pleaded certain multifarious reasons such as the appellant’s old age factor and his custodial spell, for the delay in filing the appeal under an order refusing to grant bail. It was also contended that a lockdown was imposed due to the covid-19 pandemic.
The learned Counsel further, relied upon the orders issued by the Hon’ble SC in suo moto Civil Writ Petition (C) No.3 of 2020 which has extended limitation, essentially, in the exercise of the plenary powers of the Hon’ble SC to Article 142 of the Indian Constitution.
Respondent’s Arguments
The Additional Solicitor General pleaded that the appellant has sufficient time to institute the appeal by obtaining the certified copy through the Court within time before the said lockdown.
It was also argued that the appellant was placed before the NIA Court as he was alleged to be involved in activities that would bring him blithely under the provisions of the penal laws, in particular, the provisions of the UAP Act for crimes against the state.
Further, it was contended that the appellant also alleged participation as a mechanical engineer in creating the requisite parts for rockets or other airborne devices which could be used in other unlawful activities under the provisions of the Arms and Explosives Act.
Court’s Observations
The Hon’ble Chief Justice Thottathil B. Radhakrishnan and Justice Aniruddha Roy observed that the lockdown due to the Covid-19 pandemic had resulted in slowing down the entire pace of life including judicial functions. Therefore, it was justified to treat the present matter as one where the sufficient cause for condonation of delay has been rightly demonstrated by the Appellant.
Judgement
The Hon’ble Court disposed of the case by allowing the listing of the appeal on 15.03.2021.
Case: Ashim @ Asim Kumar Haranath Bhattacharya and Ors. vs National Investigation Agency (NIA) [CRAN 2 of 2020 in CRA 209 of 2020]
Click here to view the judgment.
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