New Delhi: The Supreme Court on Tuesday said the appeals of accused or the victims under the National Investigation Agency Act, 2008, should not be dismissed solely on the ground that delays beyond 90 days couldn’t be condoned.
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan was hearing pleas challenging the validity of Section 21(5) of the National Investigation Agency (NIA) Act which deals with the time limit for filing an appeal against a judgment of the trial court.
“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 bench said in its order which effectively overrides the statutory restrictions.
The provision mandates appeals to be filed within 30 days of the judgment, sentence, or order and the high court can accept an appeal after 30 days if the appellant has a good reason.
The provision says no appeal can be accepted after 90 days — the bone of contention in the pleas.
The bench asked the parties to file their written submissions, restricting it to three pages, before the next date of hearing.
The bench was hearing pleas filed by Sushila Devi and Osman Shareef.
