Srinagar: The High Court (HC) has held that an appeal would not lie against an order framing charge relating to offenses to which NIA Act applies as the same was an interlocutory order.
Holding a petition by Peoples Democratic Party (PDP) leader Waheed-ur-Rehman Parra challenging his FIR as “maintainable”, a bench of Justice Sanjay Dhar said: “It was not open to the petitioner to challenge the order framing charges against him passed by the learned Special Court, by way of an appeal under Section 21 of the Act. The only option available to him was to challenge the said order under Section 482 of CrPC invoking the inherent powers of this court, which he has rightly availed.”
Senior AAG B A Dar on behalf of the government had raised a preliminary objection about the maintainability of the petition on the ground that in terms of Section 21 of the NIA Act, all orders passed by the Special Courts are appealable before the High Court to be heard by a bench comprising two judges.
“Section 21 of the NIA Act makes only orders, judgments, and sentences appealable before the Division Bench of the HC, whereas as, proceedings and interlocutory orders cannot be appealed,” the court said.