Delhi HC dismisses appeal against discharge of Syed Anzar Shah in terror case
Sep 28, 2024
New Delhi [India], September 28 : The Delhi High Court has dismissed the appeal filed by Delhi Police challenging the discharge of Syed Anzar Shah in a terror case in 2017 by the trial court. The High Court noted that a revision was filed in 2018 and withdrawn in 2023. The delay in filing was not condoned.
Division bench of justices Prathiba M Singh and Amit Sharma dismissed the appeal filed in 2024.
The division bench after considering the facts said, "Delay in this matter cannot be condoned and the appeal is liable to be dismissed. Accordingly, the application and the appeal are dismissed.
The High Court had called for the physical file of Criminal revision filed in 2018. "From the record of the said revision petition, the Court notices that the revision petition was itself filed with a delay of 111 days after passing of the said order of 17th October, 2017 and there is no application for condonation of delay accompanying the revision petition," the High Court said in a judgement passed on September 26.
Delhi Police had filed an appeal filed by the State under Section 21(1) of the National Investigation Agency Act, 2008 challenging the order of 17 October, 2017 passed by Patiala House Courts discharging Syed Anzar Shah.
An FIR was registered at Police Station Special Cell, for offences punishable under Sections 18, 18-B and 20 of Unlawful Activities (Prevention) Act, 1967 (UAPA) in 2015.
The High Court said that a perusal of the order in the present case would show that the same is of 17th October, 2017. The criminal revision was filed on 2nd February, 2018. The same was withdrawn on 20th October, 2023.
The present appeal has been instituted on 3rd January, 2024. Even if the Court gives benefit to the State for the period between 2nd February, 2018 to 20th October, 2023 under Section 14 of the Limitation Act, 1963, even then the filing of the present appeal is clearly beyond the time prescribed under Section 21 of the NIA Act, the High court said.
On October 17, 2017 Accused Anzar Shah was discharged in Patiala House Court, New Delhi Delhi police had challenged this order by filing a criminal revision in Delhi High Court on February 2, 2018 after a delay of 111 days.
On October 20, 2023 revision was withdrawn with a liberty to file a proper petition before the appropriate Court as per Law. January 3, 2024 the present appeals was filed after a delay of 77 days.
