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Issues involved: Interpretation of Section 21 of the National Investigation Agency Act, 2008 regarding the appropriate bench composition for hearing matters in High Courts.
Summary: The Supreme Court, comprising of Hon'ble Mr. Justice H.L. Gokhale and Hon'ble Mr. Justice J. Chelameswar, heard the petitions presented by the parties represented by their respective counsels. The main contention raised was the requirement of a Division Bench, as per Section 21 of the National Investigation Agency Act, 2008, for matters in the High Court. The Additional Solicitor General argued that the provision of sub-section (2) of Section 21 mandates a Division Bench for such cases. Consequently, the orders issued by the High Courts in Crl.P. No.6562/2012 in the High Court of Andhra Pradesh and Criminal Bail Application No.1063/2012 in the Bombay High Court were deemed to be incorrect and were set aside. The cases were directed to be restored to the Division Bench of the respective High Courts. It was noted that the respondents in both cases were in custody. Therefore, the Supreme Court urged both High Courts to expedite the hearing of the applications and make a decision within eight weeks from the date of receiving the Supreme Court's order. The special leave petitions were disposed of with these directions.
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