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Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]

LIVELAW NEWS NETWORK
2 Nov 2020 5:05 AM GMT
Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]
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The Punjab and Haryana High Court has decided to examine whether a Chief Judicial Magistrate can grant extension of time to an investigating agency for completion of investigation in a criminal case registered under the provisions of the Unlawful Activities Prevention Act. A Single Bench of Justice Arun Monga has issued notice to the State of Punjab and has asked the Additional...

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The Punjab and Haryana High Court has decided to examine whether a Chief Judicial Magistrate can grant extension of time to an investigating agency for completion of investigation in a criminal case registered under the provisions of the Unlawful Activities Prevention Act.

A Single Bench of Justice Arun Monga has issued notice to the State of Punjab and has asked the Additional Advocate General to seek instructions in the matter.

The Court was hearing a plea against denial of default bail to a Petitioner on ground of extension of the investigation.

The Petitioner's counsel, Advocate Saurav Bhatia had submitted that the since the Petitioner had been implicated under the provisions of Unlawful Activities Prevention Act, 1967 and thus, the CJM was not competent to extend the period of investigation. It was contended that only Sessions Court is competent to grant any such extension.

Further, he contended that even notice of the application seeking extension of investigation was not issued to the Petitioner, which is in violation of the Supreme Court's verdict in Hitendra Vishnu Thakur v. State of Maharashtra, 1994 (4) SCC 602.

Also Read: [UAPA] Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application: Delhi HC

It was also pointed out that extension of period of investigation had resulted in denial of default bail to the petitioner under Section 167(2) CrPC.

In view of these preliminary submissions, the Bench issued notice to the Government, which was accepted by AAG PS Walia. The matter is now listed for hearing on November 23.

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Recently, the Supreme Court held that all offences under the UAPA, whether investigated by the National Investigation Agency or by the investigating agencies of the State Government, are to be tried exclusively by Special Courts set up under the NIA Act.

The three judge bench headed by Justice Rohinton Fali Nariman had also observed that the Special Court alone has jurisdiction to extend time to 180 days under the first proviso in Section 43-D(2)(b) of the Unlawful Activities (Prevention) Act.

All UAPA Offences Investigated By NIA Or State Police Are Exclusively Triable By 'Special Courts': SC

In the absence of any designated Court by notification issued by either the Central Government or the State Government, the fall back is upon the Court of Sessions alone, the Bench added.

Case Title: Tejinder Singh @ Teja Vs. State of Punjab & Anr.

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