SC stays HC proceedings over Navlakha’s bail plea

The NIA challenged the May 27 order by a single bench of the HC, which observed that prima facie it appeared that the NIA acted in “unseemly haste” and “frantic hurry” in “whisking away” Navlakha to Mumbai while his bail application was pending before it.

Navlakha, who was lodged in Tihar jail, was shifted to Mumbai on May 25 for further probe in the FIR pending in Mumbai.

The NIA said the single judge could not have entertained the interim bail application of an accused who is charged by an authority outside the territorial jurisdiction of Delhi HC and who is in judicial custody vide a valid jurisdictional remand order passed by the Special Judge, NIA, Mumbai, outside the HC’s territorial jurisdiction. It pointed out that the SC had already rejected his prayer for interim bail on medical grounds.

The plea said an interim bail or bail concerning the UAPA offence can be heard only by a HC division bench in appeal from the orders of the special judges.