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RSS worker’s murder: Karnataka High Court rejects plea by accused for transfer of case from Special Court to Sessions Court

With regard to the legal position, the Bench observed that the Supreme Court had said that in view of the stringency of sentence on conviction under the Act and the exacting nature of bail, the intention of the legislature is clear that the trial should be done at a faster pace.

The NIA Act drastically reduces the avenues for parties to approach the High Court through an appeal, which is made clear by a reading of Section 21 of the Act.

Section 21 of the NIA Act does not mention a right of appeal against an interlocutory order except for bail, the Court noted while referring to the judgement of the Supreme Court in State of Andhra Pradesh v. Mohd Hussain.

The Supreme Court had observed that under Section 19 (trial by Special Court to have precedence) of the NIA Act, the trial is to proceed day-to-day, and must be conducted expeditiously, which is why no appeal is provided against interlocutory orders passed by the Special Court.

Source: Barandbench

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