Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases

CASE TITLE

Sadique vs. State of Madhya Pradesh; CrA 963 OF 2021

KEY TAKEAWAYS

• This case was heard by the bench of Justices Uday Umesh Lalit, S. Ravindra Bhat, and Belam M Trivedi.
• The counsels for this case were Sr. Adv Siddhartha Dave for the accused, AOR Pashupathi Nath Razdan for the respondents
• An exclusive and special court is appointed by the NIA Act to handle cases of the UAPA Act.
• A court cannot simply extend the time period for filing a chargesheet against the accused just to get more time for investigation.

BACKGROUND OF CASE

• Bail was denied to four people who were charged under UAPA Act by a Bhopal court.
• They approached the Madhya Pradesh High Court for bail on the grounds that the chargesheet was not filed against them within the prescribed period of 90 days.
• The Chief Judicial Magistrate, Bhopal extended the time period to file a chargesheet from 90 days to 180 days. Therefore, the bail was denied to the accused.
• The High Court observed that since the Chief Judicial Magistrate had extended the deadline to file a chargesheet against the accused from 90 days to 180 days, the investigation by the investigating machinery would also stand extended.
• Before the Apex Court, the advocate representing the accused referred to Bikramjit Singh vs State of Punjab, in which the Supreme Court observed that all the cases under the UAPA Act which are investigated either by the national investigation agency or that of the state government shall be tried by a special court set up by the NIA Act.
• The Supreme Court observed that only the special courts appointed under the NIA Act shall have the power to extend the time period for filing the chargesheet.

JUDGEMENT OF SUPREME COURT

• The Supreme Court considering all the facts and the provisions, observed that the Chief Judicial Magistrate had no right to extend the time period for filing the chargesheet, which could be used to gain more time for investigation.
• Only the exclusive courts set up by the NIA Act would have the right to deal with cases of UAPA.
• Only the exclusive courts would have the right and jurisdiction to extend the time period for filing of chargesheet against the accused.
• The Supreme Court held that the four persons who were accused under UAPA Act and were denied bail from the court in Bhopal were entitled to default bail.

HOPE YOU FIND THE SNIPPET INFORMATIVE.
Questions:

1. What is UAPA Act?
2. The special courts are set up by which act?