Osman Shareef vs The Union Of India
2021 Latest Caselaw 1351 Tel

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

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