REDAUL HUSSAIN KHAN versus NATIONAL INVESTIGATION AGENCY

REDAUL HUSSAIN KHAN versus NATIONAL INVESTIGATION AGENCY

The fact that the association was declared unlawful after the petitioner's arrest does not negate the offense, as the organization could have indulged in terrorist acts prior. The Special Court had jurisdiction to extend investigation time, and the petitioner is not entitled to statutory bail on this ground.

Parties
Petitioner: Redaul Hussain Khan; Respondent: National Investigation Agency
Jurisdiction
India
Judgment Date
19 November 2009
Procedural Posture
Special Leave Petition (criminal) / Supreme Court—petition for Bail After Dismissal by High Court and Sessions Judge
Outcome
Special Leave Petitions dismissed
Legal Topics
Bail, Statutory Bail, Unlawful Activities, Terrorist Act, Jurisdiction of Special Courts
Criminal Law Anti Terror Law Bail Statutory Bail Unlawful Activities Terrorist Act Jurisdiction of Special Courts

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Parties

Redaul Hussain Khan

Petitioner

National Investigation Agency

Respondent

Procedural Posture

Special Leave Petition (criminal) / Supreme Court—petition for Bail After Dismissal by High Court and Sessions Judge

Legal Issues

  1. 1 Whether petitioner is entitled to statutory bail under s.167 CrPC and s.43-D(2)(b) of the Unlawful Activities (Prevention) Act, 1967, for non-completion of investigation within prescribed time.
  2. 2 Whether the fact that the organization was declared unlawful only after the arrest affects the petitioner's culpability under the Act.
  3. 3 Whether the Sessions Judge (Special Court) had jurisdiction to extend the period for completion of investigation.

Ratio Decidendi

The fact that the association was declared unlawful after the petitioner's arrest does not negate the offense, as the organization could have indulged in terrorist acts prior. The Special Court had jurisdiction to extend investigation time, and the petitioner is not entitled to statutory bail on this ground.

Court Disposition

Special Leave Petitions dismissed

Orders

  • Special Leave Petitions dismissed; prayer for statutory bail rejected; further investigation regarding money and other accused to continue