SC: Magistrates can’t extend probe deadline in UAPA cases

Tribune News Service

New Delhi, September 10

Magistrates can’t extend the deadline for completion of probe and filing of chargesheet under the Unlawful Activities (Prevention) Act, 1967, the Supreme Court has ruled.

A Bench led by Justice UU Lalit said such power under the first ‘proviso’ to Section 43D(2)(b) of the UAPA was vested with special courts set up under the National Investigation Agency (NIA) Act and in the absence of such special courts, with sessions courts. The Magistrate would not be competent to consider the request for “extension of time to complete investigation”, the Bench said, adding the legal position was clarified in Bikramjit Singh vs. State of Punjab last year.

The September 7 order came on a petition filed by four men from Madhya Pradesh accused under the UAPA, challenging a Madhya Pradesh High Court order upholding a 2014 order of the Chief Judicial Magistrate, Bhopal, granting extension of time under Section 43D(2)(b) to complete the probe from 90 days to 180 days.

After completion of 90-day custody, the accused had sought default bail under Section 167(2) of Code of Criminal Procedure as the probe agency failed to file the chargesheet within the stipulated 90 days.

The Bhopal CJM rejected their plea and the decision was upheld by the MP HC. Accepting senior advocate Siddhartha Dave’s arguments that the Bhopal CJM’s order was beyond his jurisdiction, the top court allowed the appeal and held that the accused were entitled to default bail.