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Supreme Court of India 2021-10-20 dismissed

Naser Bin Abu Bakr Yafai vs The State of Maharashtra & Anr

Bench: 3 — Dhananjaya Y Chandrachud, Vikram Nath, BV Nagarathna

In Brief

In this terrorism case involving alleged Islamic State contacts, the Supreme Court held that the Anti-Terrorism Squad (ATS) Nanded could lawfully continue investigating a scheduled offence under the NIA Act even after the Central Government directed the National Investigation Agency to take over. The key finding was that the NIA's actual taking up of investigation (evidenced by receipt of case records on 8 December 2016) marked the threshold, not a formal direction or renumbering. Before that date, the CJM Nanded properly exercised jurisdiction to receive the charge-sheet and commit the case. The Court distinguished Bikramjit Singh, finding it inapplicable since no Special Court had been designated under Section 22 at the relevant time. The appeals were dismissed.

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Anti-Terrorism Criminal Procedure National Security NIA Act Unlawful Activities Prevention Act Jurisdiction of Courts Investigation Procedures

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