CHENNAI: A division bench of the Madras High Court has held that a judicial magistrate is vested with powers to extend the remand of an under-trial prisoner beyond 90 days and up to 180 days.
A bench of Justices M Jaichandren and S Baskaran gave the ruling while dismissing a habeas corpus writ petition from a woman seeking to produce her husband Rishwan Sheriff, detained under the Unlawful Activities (Prevention) Act, before the court and to set him at liberty.
Sheriff was arrested on March 16 last and remanded in judicial custody by the XI Metropolitan Magistrate at Saidapet. The custody was extended from time to time. His counsel submitted that the Magistrate had no power or authority to extend the remand beyond 90 days. Extension of remand from June 16 to July 15 was arbitrary, illegal and contrary to the relevant provisions of the law.
The bench said the custody of a person can be extended by the court if it was satisfied with the report of the Public Prosecutor indicating the progress of investigation and if specific reasons were given for extending the same beyond 90 days and up to 180 days.
Earlier, the Public Prosecutor submitted that a report was submitted on June 14 before the magistrate and sought for further time for completion of investigation. A copy of the report had also been furnished to Rishwan Sheriff. The power of extending the remand is vested with the magistrate under Section 43-D of Unlawful Activities (Prevention) Act and under Sections 16 and 22 of the National Investigating Agency Act.