“But in most of the cases registered under these offences, the state governments are not sending any report to the central government. There may be hundreds of cases dealing with the FICN all over the country in particular from 2009 onwards when the NIA Act was passed,” said an official of the NIA requesting anonymity.
“Besides, the remand of accused or cognisance of chargeheet, in any of scheduled offences under the NIA Act, can only be taken by a special court. But even in Delhi there were around two dozen cases where these proceedings took place in a magistrate court and a special court was constituted only this year,” said MS Khan, a lawyer who has represented over a dozen accused in such cases.
Khan says the matter is now pending in the Delhi high court as a trial court judge has sent a reference (for clarification about it) to the high court.