The Supreme Court seeks Rajasthan’s response in the 2007 Ajmer blast case, examining appeal rights under Section 21(5) of the NIA Act and Articles 14 and 21.

Supreme Court issues notice in 2007 Ajmer blast appeal case under NIA Act

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Case Overview

Case Name: Syed Sarwar Chishty vs. State of Rajasthan | Diary No. 51829-2025

The Supreme Court of India, led by Justice Sanjay Kumar and Justice Sandeep Mehta, on October 3, issued notice to the State of Rajasthan on a plea filed by Syed Sarwar Chishty, Khadim of the Dargah Sharif, Ajmer . The plea challenges the Rajasthan High Court’s order dismissing the appeal against the acquittal of seven accused in the 2007 Ajmer Dargah blast case . Earlier, the NIA Special Court had acquitted seven persons and convicted two others under provisions of the Indian Penal Code (IPC), Explosive Substances Act and Unlawful Activities (Prevention) Act, 1967 (UAPA) .

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Key Aspects

The petition raised significant issues of justice and procedural interpretation :

• The Rajasthan High Court dismissed the appeal due to a delay of 1135 days in filing .
• It applied a strict interpretation of Section 21(5) of the NIA Act, 2008 allowing only 90 days for appeal .
• The petitioner contended that such interpretation violates Articles 14 and 21 of the Constitution by restricting access to justice .

Legal Insights

The case hinges on the interpretation of Section 21(5) of the National Investigation Agency Act, 2008, which limits the period for appeal filing .

• Section 21(5), National Investigation Agency Act, 2008 – Limits filing of appeals to 90 days, restricting delayed appeals before the High Court.
• Articles 14 & 21, Constitution of India – Petitioner argued the limitation violates equality before law and the right to fair trial.
• Sections 120B & 295A, Indian Penal Code, 1860 – Accused charged for criminal conspiracy and outraging religious sentiments.
• Judicial Precedents – In Mangu Ram v. MCD (1976) 1 SCC 392 and Mohd. Abaad Ali v. DRPI (2023 SCC OnLine Del 4700), courts held that the right to appeal is part of the fair procedure under Article 21.

Court’s Verdict

The Supreme Court has issued notice to the State of Rajasthan seeking its response on the plea . The Court’s consideration will determine whether a rigid interpretation of Section 21(5) of the NIA Act unjustly restricts victims’ appeal rights, marking an important moment in the ongoing 2007 Ajmer blast litigation .

Source – Supreme Court of India 

Read also – Indian Penal Code

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