Telangana HC criticizes NIA for taking conflicting positions to 'serve its interests'

Telangana: Telangana High Court on Friday, criticized the National Investigation Agency (NIA) for taking conflicting positions before various HCs to serve its interests.

These strictures were passed during a hearing for condonation of a 390-day delay in challenging orders issued by a special court.

A division bench of Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka heard arguments of S.M. Rizwan Akhtar, counsel for the appellant Samiuddin Sami, resident of Akbar Bagh, Saidabad Hyderabad, and Vishnuvardhan Reddy, Special Public Prosecutor for the NIA, regarding the applicability of Section 5 of the Limitation Act to appeals filed under Section 21(5) of the NIA Act.

After reviewing decisions from multiple high courts, the court affirmed that Section 5 is indeed applicable.

In a pointed observation, the bench noted the "diametrically opposite stances" taken by the NIA, describing the agency’s inconsistent approach as a "flip-flop."

The bench invoked Article 14 of the Constitution of India, emphasizing the fundamental right to non-discrimination, and asserted that the NIA and the accused should be treated equally under the law.

In the order, the court introduced the term `Justice Bar’, highlighting the perceived statutory barriers in Section 21(5) of the NIA Act, which they termed as `Bar to Justice’ when applied inconsistently. The court chose a purposive interpretation of the law, prioritizing constitutional protections over a strictly literal reading of the statute.