Research › Search › Judgment

Karnataka High Court · body

2026 DIGILAW 136 (KAR)

Mohammad Bilal S/o Yusuf v. Police Sub-Inspector, Panambur Police Station, Mangaluru City

2026-01-09

S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL

body2026
ORDER : 1. The present Review Petition has been filed seeking review of the order passed in WPHC 10/2023. The brief facts are that petitioner had filed writ of Habeas Corpus assailing the jurisdiction of NIA Cases Special Court to entertain the proceedings in which the petitioner was arraigned as accused. 2. The illegality of arrest was challenged on the basis of the order of remand being passed by the Special Court when there was no notification under Section 22 of the National Investigation Agency Act, 2008 ('NIA Act' for short). 3. The Division Bench has disposed of the Habeas Corpus petition while adverting to the specific contention raised by the petitioner herein relating to the absence of the notification under Section 22(1) of the National Investigation Agency Act, 2008. The Division Bench recorded the submission of State Public Prosecutor-2 to the effect that the State Government by order dated 19.07.2012 had established court to deal with cases under the Act and therefore the said order is to be treated to be one under Section 22(1) of the Act and the Special Court alone has the jurisdiction to deal with the matter. 4. The Division Bench has noticed the statutory provision under Sections 11 and 22 of the Act as well as the order of the State Government dated 19.07.2012. It has opined that the order of 19.07.2012 is an order under Section 22(1) of the Act and if that were to be so, there was no infirmity with the order of remand. The Division Bench has held that Section 22(3) of the Act has no application to the present facts. Accordingly, the writ petition was disposed of, while observing that there was no merit in the writ petition. 5. The present review petition has reiterated the legal contention that no notification was issued by the State Government under Section 22 of the Act. It is contended that the Government Order referred by the Division Bench, there was no reference to Section 22 of the NIA Act and that the Government Order was at the request of the Director General of NIA to provide a Special Court for the purpose of trial of schedule offences by the NIA. Accordingly, it is submitted that this aspect of the matter was not taken note, by the Division Bench. 6. Accordingly, it is submitted that this aspect of the matter was not taken note, by the Division Bench. 6. It is further submitted that no Government Order or Notification has been issued by the State Government till date and accordingly, the proceedings of remand are vitiated. 7. It must be noticed that the Division Bench has treated the Notification under Section 11 passed by the State Government on 19.07.2012 as a notification under Section 22 of the Act. 8. The Government Order dated 19.07.2012 reads as under: "GOVERNMENT ORDER NO.LAW 231, LCE 2010, BANGALORE, DATED 19TH JULY 2012 In the circumstances explained in the preamble, Government agrees for the establishment of one more Court of Additional City Civil & Sessions Judge (Special Court) to deal with the cases under National Investigation Agency Act, 2008, at Bangalore together with the post of Presiding Officer and following non-gazetted staff. S. No. Name of the Post No. of Posts 1. Additional City Civil & Session Judge (District Judge Cadre) 1 2. Judgement Writers 2 3. Sheristedars 2 4. First Division Assistant 2 5. Second Division Assistant 2 6. Typist 1 7. Attender 1 8. Peons 2 TOTAL 13 This order issues with the concurrence of the Finance Department vide U.O. Note No.FD 201 Exp-10/2012, dated 18-06-2012." 9. It is this aspect that is called in question to constitute a ground of review of the order of the Division Bench. 10. During the pendency of the present proceedings, the learned counsel for the State has filed a memo for production of documents. Reference is made to Government Order bearing No.LAW-LCE/228/2024 dated 01.09.2025, which reads as follows:- Government Order No. LAW-LCE/228/2024 Bengaluru, dated: 01.09.2025 In the circumstances explained in the preamble, in exercise of the powers conferred under section 22 of the National Investigation Agency Act, 2008 (Act 34 of 2008), the court of Additional City Civil & Sessions Judge (Special Court) at Bengaluru, established vide Government Order No. LAW 231 LCE 2010, dated 19.07.2012 (presently XLIX Additional City Civil and Sessions Judge, Bengaluru (Special Court for the trial of cases filed under the National Investigation Agency Act, 2008); is hereby designated as the Special Court under section 22(1) of the National Investigation Agency Act, 2008 for the trial of the Scheduled Offences investigated under the National Investigation Agency Act, 2008. The jurisdiction of this Special Court shall extend throughout the State of Karnataka. The jurisdiction of this Special Court shall extend throughout the State of Karnataka. The Government Order No. LAW-LCE/228/2024 dated 07.08.2025 issued in this regard is hereby withdrawn. By Order and in the name of the Governor of Karnataka (Adinarayana) Under Secretary to Government (Admin-1)(1/c), Law, Justice and Human Rights Department 11. Reliance is then placed on the Corrigendum dated 07.11.2025, whereby the words "designated as the Special Court under Section 22(1) of the National Investigation Agency Act, 2008 for the trial of the scheduled offences investigated under the National Investigation Agency Act, 2008" shall be read as "designated as the Special Court under Section 22(1) of the National Investigation Agency Act, 2008 for the trial of the scheduled offences investigated under the National Investigation Agency Act, 2008 with effect from 19.07.2012." 12. The Corrigendum of Government Order dated 07.11.2025 is extracted as below:- GOVERNMENT OF KARNATAKA No. LAW-LCE/228/2024 Karnataka Government Secretariat, Vidhana Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru, dated 07.11.2025 Corrigendum In the Government Order No. LAW-LCE/228/2024 dated 01.09.2025, the words in the order portion "designated as the Special Court under section 22(1) of the National Investigation Agency Act, 2008 for the trial of the Scheduled Offences investigated under the National Investigation Agency Act, 2008" shall be read as "designated as the Special Court under section 22(1) of the National Investigation Agency Act, 2008 for the trial of the Scheduled Offences investigated under the National Investigation Agency Act, 2008 with effect from 19.07.2012." By Order and in the name of the Governor of Karnataka (ADINARAYANA) Under Secretary to Government (Adm-1)(I/C), Law, Justice and Human Rights Department 13. Accordingly, the subsequent notifications of 01.09.2025 and Corrigendum of 07.11.2025 will have to be read as promulgating notification under Section 22(1) of the Act as on 19.07.2012 when notification was promulgated for the purpose of Section 11 of the Act insofar as Central Government is concerned. 14. In light of the same, the legal contention raised by the petitioner resting solely on the ground that the order of remand ought to have been by the regular Sessions Court in terms of Section 22(3) as rejected by the Division Bench is liable to be affirmed. 15. Accordingly, we find no reasons to entertain the Review Petition and the same is rejected.