The Supreme Court has dismissed a review petition of the Madhya Pradesh government against its 2021 order that held that magistrate would not be competent to consider the request relating to the extension of time to complete investigation concerning to case under provisions of the Unlawful Activities (Prevention) Act (UAPA).
A three-Judge Bench of Justices Uday Umesh Lalit, S Ravindra Bhat and Bela M Trivedi dismissed the review petition Madhya Pradesh government seeking review of its 2021 order.
The Court said that the only competent authority to consider the request concerning to extension of time to complete investigation would be “the Court” as specified in the proviso in Section 43-D(b) of the UAPA.
The Court was hearing Madhya Pradesh government review petition against top court order dated September 7, 2021.
“Consequently, insofar as “Extension of time to complete investigation” is concerned, the Magistrate would not be competent to consider the request and the only competent authority to consider such request would be “the Court” as specified in the proviso in Section 43-D(b) of the UAPA,” the Court said.
“In view of the law laid down by this Court, we accept the plea raised by the appellants and hold them entitled to the relief of default bail as prayed for,” the Court said.
The Supreme Court on September 7, 2021, has concluded that “so far as all offences under the UAPA are concerned, the Magistrate’s jurisdiction to extend time under the first proviso in Section 43-D (2)(b) is non-existent” and granted relief of default bail to accused persons.
The accused person had moved to the top Court against judgment and order dated September 11, 2017, passed by the High Court of Madhya Pradesh.
The four accused persons were arrested in alleged terror cases on December 24, 2013, in connection with FIR lodged with STF/ATS Police Station, District Bhopal.
On March 20, 2014, while dealing with an application moved on behalf of the Investigating Machinery under Section 43-D(2)(b) of the UAPA, an appropriate extension was granted by the Chief Judicial Magistrate, Bhopal.
On completion of 90 days of their actual custody, applications on behalf of the accused person were moved seeking bail on the ground that no charge-sheet was filed by the investigating agency within 90 days but was rejected by the Court of CJM, Bhopal. Then the accused moved to sessions Court, which also rejected their pleas. Thereafter, the accused moved appeal in Madhya Pradesh High Court but failed to convince it too.
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