Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning

The Delhi High Court has recently pulled up a Special NIA Judge, Patiala House Courts for delay in hearing a bail plea since February on the ground that the hearing could only be done via physical mode since the records in the case were voluminous.

A division bench comprising of Justice Anup J. Bhambhani and Justice Siddharth Mridul observed thus:

"With utmost respect, we do not agree with the reasons ascribed by the learned Special Judge, NIA for not hearing and deciding the appellant's bail application, despite the same having remained pending before him since 04.02.2021 and in the teeth of the directions issued by the learned single Judge of this Court vidé order dated 27.05.2021."

The Court directed the Special NIA Judge to hear the bail plea on August 7 without awaiting resumption of physical functioning of Courts and also to expeditiously dispose of the plea.

The development came on a criminal appeal filed under sec. 21(4) of the National Investigation Agency Act, 2008 by one Mohd. Salim seeking directions on the Special NIA Judge to dispose of his bail plea pending adjudication since February 4.

A single judge bench of the High Court had vide order dated 27th May directed the special judge to dispose of the Salim's bail plea expeditiously.

"It is observed that despite the aforesaid directions issued by the learned single Judge of this Court, the bail application has remained pending before the learned Special Judge, NIA, Patiala House Courts, New Delhi on the ground that since the record pertaining to the subject case is voluminous, it will only be possible to hear the bail application once physical hearings are resumed and not by video-conferencing." The Court said.

While issuing notice on the plea, the Court sought response of the NIA. The Court also directed thus:

"Having heard learned counsel appearing on behalf of the parties, we direct the learned Special Judge, NIA, Patiala House Courts, New Delhi to commence hearing the appellant's bail application pending adjudication before him from 07.08.2021, the next date of hearing fixed before him, without awaiting resumption of physical functioning of the courts."

"The learned Special Judge, NIA is also directed to dispose of the appellant's bail application expeditiously, as directed by the learned single Judge of this Court vidé order dated 27.05.2021." the Court said.

Title: MOHD. SALIM v. NATIONAL INVESTIGATION AGENCY

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