In a significant ruling, the Supreme Court has declared that appeals under the National Investigation Agency (NIA) Act, 2008, cannot be dismissed solely on the grounds that delays beyond 90 days are not condonable.
A bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, addressed multiple petitions challenging Section 21(5) of the NIA Act. The court made it clear that appeals by both accused individuals and victims must not be rejected for exceeding the prescribed time limit.
“The appeals preferred by the accused or the victims will not be dismissed on the ground that the delay cannot be condoned beyond 90 days,” the court stated.
The bench directed all parties to submit concise written arguments, limited to three pages, ahead of the next hearing.
Section 21(5) of the NIA Act mandates that appeals be filed within 30 days of the judgment or order, with an extension permitted at the High Court’s discretion—up to a maximum of 90 days. The provision in question explicitly bars appeals beyond this period.
This ruling emerged during a broader hearing that also included challenges to amendments made to the Unlawful Activities (Prevention) Act (UAPA) in 2019, alongside the contested NIA provisions.
