Calcutta High Court: Section 5 of the Limitation Act does not permit delays in filing appeals under the NIA Act

Last Updated on March 5, 2023 by Administrator

Issue:

The Calcutta High Court ruled that an appeal under Section 21 of the NIA Act of 2008 that is submitted after the allotted 90-day term from the date of the judgement, decision, or punishment cannot be considered.

Arguments:

The court stated that it would be contrary to the obvious meaning of this clause to read Section 5 of the Limitation Act into the second proviso to Section 21(5) of the NIA Act.

Reasoning:

The NIA Act, 2008’s goal, “to create an investigation agency at the national level to investigate and punish offences endangering the sovereignty, security, and integrity of India,” is consistent with the prescription of such a limitation period. 

If the High Court determines that there was good cause for the appellant’s failure to file an appeal within the allotted 30 days, Section 21(5)’s first proviso permits the filing of an appeal after the allotted 30 days have passed. The second condition is that an appeal may never be filed more than 90 days after the date of the verdict.

Judgement:

Under Section 5 of the Limitation Act, 1963, a delay in submitting an appeal according to Section 21(5) of the National Investigation Agency Act of 2008 (NIA Act) that lasts longer than 90 days cannot be excused. 

As a result, the appellant’s arguments were rejected as unpersuasive.

Provisions used in the case:

Section 5 of the Limitation Act, 1963, Section 21(5) of the National Investigation Agency Act of 2008.

Case:

Sheikh Rahamtulla @ Sajid @ Burhan Sheikh @ Surot Ali & Ors. Vs. National Investigation Agency

Written By- Nikita Shankar