Source: Supreme Court

Why in News?

Recently a bench of Justices BR Gavai and Sandeep Mehta held that “A bare perusal of sub-section (3) of Section 22 of National Investigation Agency Act, 2008 (NIA Act) would make it clear that until a Special Court is constituted by the State Government under sub-Section (1) of Section 22, in case of registration of any offence punishable under Unlawful Activities (Prevention) Act, 1967 (UAPA), the Court of Sessions of the division, in which the offence has been committed, would have the jurisdiction as conferred by the Act on a Special Court and a fortiori, it would have all the powers to follow the procedure provided under Chapter IV of the NIA Act”.

• The Supreme Court gave this observation in the case of The State of West Bengal v. Jayeeta Das.

What was the Background of the State of West Bengal v. Jayeeta Das Case?

• The case originated from the discovery of an unclaimed black backpack containing materials linked to the CPI(Maoist) in Kolkata.
• A First Information Report (FIR) was lodged under various sections of the Indian Penal Code, 1860 (IPC).
• The respondent was apprehended and brought before the Chief Metropolitan Magistrate, who approved the addition of offences under the UAPA, as per the Investigating Officer's request.
• However, the respondent petitioned the High Court to quash this decision, arguing that only Special Courts designated by the Central or State Government under the NIA Act had jurisdiction over UAPA offences.
• The High Court granted the petition, annulling proceedings related to UAPA offences.
• The State of West Bengal has appealed this decision, contesting the High Court's jurisdictional interpretation.

What were the Court’s Observations?

• The SC held that Chief Judge, City Sessions Court, Calcutta had the jurisdiction to pass the order as per Section 22(3) of the NIA Act, since the State of West Bengal had not constituted a Special Court for trial of UAPA offences.
• The definition of 'Court' under Section 2(1)(d) of UAPA includes a normal criminal court and a Special Court under the NIA Act.
• Hence, the SC allowed the appeal.

What is Section 22 of the National Investigation Agency Act, 2008 (NIA Act)?

• Power of State Government:
  • The State Government is empowered to designate one or more Courts of Session as Special Courts.
• Applicability of Provisions:
  • The provisions of this Chapter apply to the Special Courts designated by the State Government, with certain modifications.
• Jurisdiction of Special Court:
  • Until a Special Court is designated by the State Government, the jurisdiction conferred by NIA Act on a Special Court is exercised by the Court of Session of the division where the offence was committed.
• Transfer of Trials:
  • Upon designation of the Special Court by the State Government, trials of offences investigated by the State Government under this NIA Act are transferred to that Court.