UAPA Property Attachment Order Can Be Appealed to High Court: Delhi High Court

The Delhi High Court has held that a person can appeal to the High Court against a Special Judge's decision upholding attachment of property under Section 25(6) of the Unlawful Activities (Prevention) Act.

Property dispute before the Court

The National Investigation Agency raised a preliminary objection to the appeal. It argued that Section 25(6) provides only one appeal, before the Special Court, and that a further appeal to the High Court is contemplated only if the property is later forfeited.

Legal issue and reasoning

The Division Bench rejected that reading. It held that attachment and forfeiture are separate statutory stages. Forfeiture under Section 26 requires a fresh show-cause process under Section 27 and cannot be treated as an automatic consequence of attachment.

The Court also rejected the contention that the Special Judge's attachment order was merely interlocutory. It conclusively determines the legality of attachment at that stage and is therefore final for that purpose.

Result

An appeal under Section 21 of the National Investigation Agency Act was accordingly held maintainable. The merits of the underlying attachment dispute will be considered separately.