The Delhi High Court on Friday held that the accused is not entitled to get the copy of the Public Prosecutor’s (PP) report on the time of extension of remand in the Unlawful Activities (Prevention) Act (UAPA) circumstances during the continued investigation. The preliminary remand in such circumstances is for 90 days.
A Division Bench of Justices Mukta Gupta and Anish Dayal, whereas announcing the order in a bunch of circumstances clubbed collectively, stated the accused may not be anticipated to be a mute spectator when he was knowledgeable in regards to the extension of interval of investigation primarily based on PP’s report.
“…the Special Court would be required to take into consideration submissions on behalf of the accused, while examining PP’s report regarding progress of investigation, and the reasons for seeking further detention for continued investigation,” the court docket stated.
It added that the particular court docket would even be required to fulfill itself from the investigation carried out that there’s enough materials to kind an affordable perception that prima facie an offence below the UAPA is made out.
“Though no reasons in this regard will be required to be reflected in the order as the same would entail disclosure of the investigation carried out,” the court docket added.
‘Essential requirements’
The court docket additionally briefed in regards to the “the essential requirements” to be seen by the Special Court whereas extending the interval of remand of the accused for additional interval to full the investigation below the proviso to Sub-Section 2(b) to Section 43D of the UAPA.
It added that the court docket should see the explanations evidencing the non-public satisfaction of the PP as regards the progress of investigation made primarily based on the investigation carried out. There must also be sufficient causes indicating why the investigation may not be accomplished throughout the interval of 90 days and the way a lot time will likely be required for additional investigation.
“All these three essential ingredients must form part of the Public Prosecutor’s report, based on which the Special Court would arrive at the satisfaction to extend the period of remand,” the court docket maintained.
The Bench additional stated that the Special Court ought to apply its thoughts to discover out the cheap time required to full the investigation and prolong the interval of custody for such interval up to 90 days.
“Needless to note that whenever extension is granted by the Special Court …. the same has to be based on the fresh report of the PP. Such an approach will strike an equitable balance between the right of accused from not suffering meaningless continued detention without investigation and the right of the investigating agency to conclude the investigation fairly, covering all facets,” the court docket talked about.
The pleas had been moved by Zeeshan Qamar, who was arrested from his residence in Uttar Pradesh in September final 12 months in an FIR associated to existence of an alleged terror module. Mohammed Manan Dar, a Kashmir-based freelance photojournalist, was one of the opposite candidates in the case amongst others.
