UAPA - Sessions Court's Order Denying Bail Can Be Challenged Only By Appeal Under Section 21 NIA Act Before Division Bench : Madras High Court
3 years, 8 months ago

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 Law  

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.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
4 days, 17 hours ago
2020 Bengaluru Riots: Supreme Court Denies Bail To Accused, Directs Karnataka Govt To Establish Additional NIA Court For UAPA Offences
1 month ago
HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea
1 month ago
NIA Opposes MP Engineer Rashid's Plea In Delhi High Court Seeking Interim Bail In UAPA Case
1 month, 1 week ago
Two constitutional courts grapple with UAPA challenges on the same day
1 month, 2 weeks ago
Delhi High Court Seeks NIA's Response On MP Engineer Rashid's Plea Seeking Expeditious Decision On Bail Plea In UAPA Case
1 month, 3 weeks ago
'Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links
2 months, 3 weeks ago
UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Indulging In 'Anti-National Activities' With Pakistani National
3 months, 2 weeks ago
NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members
4 months, 3 weeks ago
UAPA no exception to the rule on bail
7 months ago
Delhi excise policy case: Supreme Court notice to CBI, ED on Manish Sisodia’s bail plea
8 months ago
UAPA case: Supreme Court cancels bail of eight suspected members of banned PFI
9 months, 3 weeks ago
Sessions Court Has Jurisdiction for UAPA Cases under NIA Act in Absence of State's Special Court
10 months, 3 weeks ago
‘UAPA must be scrapped’: Indira Jaising
1 year ago
Bail Applications From Same FIR Should Be Listed Before One Bench : Supreme Court To All High Courts
1 year, 2 months ago
Unlawful Activities (Prevention) Act permits grant of bail to even foreign nationals in exceptional circumstances, says Madras High Court
1 year, 3 months ago
Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
1 year, 3 months ago
Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI
1 year, 5 months ago
Day after unrest in Imphal, five booked under UAPA given bail
1 year, 5 months ago
UAPA | Supreme Court Confirms Gauhati HC Order Setting Aside Discharge Of Assam MLA Akhil Gogoi, Grants Bail
1 year, 10 months ago
Kerala High Court Refuses Bail To Two Andhra Pradesh Natives Accused Under UAPA For Spreading Maoist Ideology
1 year, 11 months ago
UAPA | Supreme Court Reserves Verdict in Appeal by Assam MLA Akhil Gogoi Against High Court Setting Aside Discharge Order
1 year, 11 months ago
Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
2 years ago
Pendency Of NIA Cases In Designated Special Courts: Delhi High Court Seeks MHA’s Response
2 years, 1 month ago
UAPA Accused In Jail For 9 Yrs, No Charges Framed Till Date; Delhi HC Asks Trial Court To Decide Bail Plea In 75 Days
2 years, 4 months ago
Case Based On Suspicion And Confession Statement: Madras High Court Grants Bail To Man Charged Under UAPA
2 years, 6 months ago
Merely Attending 'Jihadi' Meetings Of An Organization Which Is Not Banned By Govt Prima Facie Not 'Terrorist Act' Under UAPA: Karnataka High Court
2 years, 10 months ago
Supreme Court rejects bail plea of Maharashtra minister Nawab Malik in money laundering case
2 years, 10 months ago
Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
3 years ago
Supreme Court Seeks Patna High Court's Response To Suggestions To Reduce Pendency Of Bihar Prohibition Act Cases
3 years ago
Allahabad High Court Seeks UP Govt's Counter Affidavit On Siddique Kappan Bail Plea By March 14
3 years ago
Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy
3 years, 1 month ago
'Nothing To Show His Active Involvement': Kerala High Court Grants Bail To UAPA Accused Under Judicial Custody Since 2015
3 years, 3 months ago
Sessions Court Cannot Stay Own Bail Order Under CrPC - Bombay High Court
3 years, 3 months ago
SC rejects NIA plea against bail to Sudha Bharadwaj
3 years, 3 months ago
Supreme Court Dismisses NIA's Plea Challenging Default Bail To Sudha Bharadwaj In Bhima Koregaon Case
3 years, 3 months ago
S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation
3 years, 4 months ago
Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection
3 years, 4 months ago
UAPA - If Chargesheet Does Not Reveal Prima Facie Case, Embargo For Bail Under Sec 43D(5) Won't Apply : Supreme Court
3 years, 4 months ago
UAPA Case : Supreme Court Grants Bail To Thwaha Fasal, Dismisses NIA's Appeal Against Allan Shuhaib's Bail
3 years, 4 months ago
"Tahir Hussain's Plea Challenging UAPA Charges In Riots Case Is Nothing But An Attempt To Short Circuit And Stall The Trial": Delhi Police To High Court
3 years, 5 months ago
"Bail Application Under Stringent Law Like UAPA Should Not Be Dismissed Due To Technical Mistakes": Riots Accused Tells Delhi Court
3 years, 6 months ago
Supreme Court Dismisses NIA's Appeal Against Bail Granted To Man Facing UAPA Trial For Joining ISIS
3 years, 6 months ago
Bombay High Court Rejects Surendra Gadling's Bail Plea In 2016 Case, May Halt Release For Mother's Funeral Rites
3 years, 7 months ago
Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning
3 years, 7 months ago
'May Be An Irregularity, Not An Illegality' : Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Bhima Koregaon Case
3 years, 7 months ago
Treating Ordinary Country Bomb Cases As Terrorist Offences Will Defeat Purpose Of NIA Act : Madras High Court
3 years, 7 months ago
Maharashtra govt. says pleas by Bhima Koregaon accused are ‘fallacious’
3 years, 8 months ago
Sudha Bharadwaj's Bail Plea : Bombay High Court To Verify If Pune Sessions Judge Was Competent To Take Cognizance Of Chargesheet
3 years, 8 months ago

Discover Related