Item No.26
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.P. No.6214 OF 2019
ORDER: (Per the Hon'ble the Chief Justice Hima Kohli)
1.
The present petition has been filed by the petitioner praying inter alia for declaring the proviso to Section 21(5) of the National Investigation Agency Act, 2008 as ultra vires and quashing the same on the ground that the said provision imposes a limitation on the period available to prefer an appeal, without any power to condone the delay by the court.
2. At the outset, we have drawn the attention of learned counsel for the petitioner to the judgment dated 16.07.2019 passed by a Division Bench of the Delhi High Court in Farhan Shaik v. State (National Investigation Agency) reported as (2019) SCC Online Del 9158, which was taken in appeal by the State in Special Leave Petition (Criminal) Diary No.41439 of 2019. Vide order dated 02.12.2019, the Supreme Court has granted leave and stayed the operation of the impugned judgment. The said appeal is pending adjudication before the Supreme Court.
3. In the light of the above position, we decline to entertain the present petition, which is disposed of along with the pending W.P. No.6214 OF 2019 Page 1 of 2 2 applications, if any. The petitioner shall have to await the decision of the Supreme Court in the captioned appeal.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 26.04.2021 Lrkm W.P. No.6214 OF 2019 Page 2 of 2