UAPA case proceedings before NIA Spl Judge under High Court lens

Saurabh Malik

Tribune News Service

Chandigarh, September 4

Proceedings of a case under the Unlawful Activity (Prevention) Act before the Special Judge of National Investigation Agency (NIA) Court, Mohali, have come under judicial scrutiny.

The Punjab and Haryana High Court has stayed further proceedings before the Special Judge after an accused alleged the Mohali Court got the trial transferred from the Amritsar Sessions Division without any judicial order.

The direction came nearly two years after the Punjab Police registered a case against some youngsters on the allegations of putting up Khaslitan Referendum 2020 banners in Amritsar. But a “second FIR related to the same incident” was registered by the NIA before getting the trial transferred from Amritsar to Mohali.

Taking up the petition by Sukhraj Singh, Justice Jitendra Chauhan observed the Special Judge, NIA Court, Mohali, granted permission to the NIA to examine the accuse lodged in judicial custody in different districts of Punjab. The superintendents concerned were also asked to coordinate with the NIA to facilitate the examination in accordance with guidelines issued by the State and the Central Government.

“The questions whether such a direction could be treated as transfer of the trial and whether a second FIR could be registered on the identical issues, require deliberations.... Further proceedings before the Court of Special Judge, NIA, Mohali, shall remain stayed till the next date of hearing,” Justice Chauhan added.

Fixing the case for November 17, Justice Chauhan also directed the counsel for the Union of India and other respondents to file their replies in response to the contentions.