Access to justice fundamental right, delay in filing appeals in NIA cases can be condoned: Bombay HC

Access to justice is a fundamental right and it cannot be rendered illusory or subject to chance, the Bombay High Court on September 14 said, ruling that appellate courts can condone delays and hear appeals filed beyond the mandatory 90-day period under the NIA Act.

Under section 21 (5) of the National Investigation Agency (NIA) Act, no appeal shall be entertained after an expiry of period of 90 days from the date of the order under challenge. A division bench of Justices Revati Mohite Dere and Gauri Godse allowed a plea filed by one Faizal Mirza, arrested by the NIA, seeking condonation of delay of 838 days in filing appeal seeking bail.

The bench also expressed its displeasure with the contradictory stand taken by the NIA. The HC noted that while in this plea filed by the accused the agency said delay cannot be condoned, but in other HCs the agency had itself filed petitions seeking condonation of delay in appeal filed by it.

NIA, being a central investigating agency, is expected to take one stand, either ways, for or against. The stand cannot change to suit its needs. We are unable to see any merit/reason, in the contradictory stand taken by the NIA before different high courts, the Bombay HC said.

Presumption of innocence is a human right and the said principle forms the basis of criminal jurisprudence in India. Presumption of innocence, being a facet of Article 21, the same enures to the benefit of the accused, the HC said. An appeal being an extension of the trial, there exists a fundamental right to file an appeal and this right cannot be rendered illusory or subject to chance, it added.

Courts exist to do justice. Access to justice is a fundamental right and cannot be diluted, the HC said. Time and again, courts have held that access to justice’, an invaluable human right, is also recognised as a fundamental right, the bench said in its judgment as even closing the doors to the prosecuting agency can also lead to serious consequences, as the NIA Act is concerned with the national sovereignty, security and integrity of India, friendly relations with foreign State and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations, the HC said.