
UAPA - Sessions Court's Order Denying Bail Can Be Challenged Only By Appeal Under Section 21 NIA Act Before Division Bench : Madras High Court
Live LawSettling conflicting views, a Full Bench of the Madras High Court has held that an order passed by a Sessions Court denying bail to an accused under the Unlawful Activities Act 1967 can be challenged only by way of an appeal under Section 21 of the National Investigation Agency Act.Such an appeal can be heard only by a division bench of the High Court. Settling conflicting views, a Full Bench of the Madras High Court has held that an order passed by a Sessions Court denying bail to an accused under the Unlawful Activities Act 1967 can be challenged only by way of an appeal under Section 21 of the National Investigation Agency Act. A 3-judge bench comprising Justices P N Prakashh, V Sivagnam, RN Manjula answered the reference made to it as follows : "An order passed by a Court of Session dismissing a bail application in a case involving offence under the Unlawful Activities Act,1967, must be challenged only by way of an appeal under Section 21 of the National Investigation Agency Act, 2008. It added : "Once it is held that Chapter IV of the NIA Act, 2008, would apply to a Court of Session trying the UAPA offences by virtue of the powers conferred under Section 22 of the NIA Act, 2008, the inevitable consequence is that an order of the Court of Session rejecting an application for bail in a matter concerning the UAPA offences can be challenged only by way of an appeal under Section 21 of the NIA Act, 2008, before a Division Bench of this Court, and not by way of an application under Section 439 Cr.P.C.
History of this topic

UAPA: Delhi High Court Denies Bail To Accused Naval Kishore Kapoor, Says Terror Funding Wreaked Havoc In Kashmir
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2020 Bengaluru Riots: Supreme Court Denies Bail To Accused, Directs Karnataka Govt To Establish Additional NIA Court For UAPA Offences
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HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea
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NIA Opposes MP Engineer Rashid's Plea In Delhi High Court Seeking Interim Bail In UAPA Case
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Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case
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'Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links
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UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Indulging In 'Anti-National Activities' With Pakistani National
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NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members
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UAPA no exception to the rule on bail
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Delhi excise policy case: Supreme Court notice to CBI, ED on Manish Sisodia’s bail plea
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UAPA case: Supreme Court cancels bail of eight suspected members of banned PFI
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Sessions Court Has Jurisdiction for UAPA Cases under NIA Act in Absence of State's Special Court
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‘UAPA must be scrapped’: Indira Jaising
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Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
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Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
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Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI
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Day after unrest in Imphal, five booked under UAPA given bail
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UAPA | Supreme Court Confirms Gauhati HC Order Setting Aside Discharge Of Assam MLA Akhil Gogoi, Grants Bail
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Kerala High Court Refuses Bail To Two Andhra Pradesh Natives Accused Under UAPA For Spreading Maoist Ideology
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Case Based On Suspicion And Confession Statement: Madras High Court Grants Bail To Man Charged Under UAPA
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Supreme Court rejects bail plea of Maharashtra minister Nawab Malik in money laundering case
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Allahabad High Court Seeks UP Govt's Counter Affidavit On Siddique Kappan Bail Plea By March 14
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Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy
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'Nothing To Show His Active Involvement': Kerala High Court Grants Bail To UAPA Accused Under Judicial Custody Since 2015
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Sessions Court Cannot Stay Own Bail Order Under CrPC - Bombay High Court
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SC rejects NIA plea against bail to Sudha Bharadwaj
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S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation
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UAPA Case : Supreme Court Grants Bail To Thwaha Fasal, Dismisses NIA's Appeal Against Allan Shuhaib's Bail
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Supreme Court Dismisses NIA's Appeal Against Bail Granted To Man Facing UAPA Trial For Joining ISIS
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Bombay High Court Rejects Surendra Gadling's Bail Plea In 2016 Case, May Halt Release For Mother's Funeral Rites
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'May Be An Irregularity, Not An Illegality' : Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Bhima Koregaon Case
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Treating Ordinary Country Bomb Cases As Terrorist Offences Will Defeat Purpose Of NIA Act : Madras High Court
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