NEW DELHI: The Delhi High Court is set to examine the threshold required for extension of pre-charge detention under the Unlawful Activities (Prevention) Act (UAPA) on the ground that the investigation could not be completed within the stipulated time of 90 days.
On Friday, the court sought the State’s response on a petition moved by Zeeshan Qamar challenging the trial court’s order that granted an extension under Section 43D(2)(b) of the UAPA in his case. A Bench of Justices Siddharth Mridul and Anup Jairam Bhambhani issued notice on Zeeshan’s plea.
Police arrested Zeeshan in September from his residence in UP after an FIR was registered against him. It was alleged that he visited Pakistan and received training in handling explosives while ISI was plotting serial blasts in India.
He was remanded to 14 days by the Chief Metropolitan Magistrate (CMM), invoking sections 18 & 20 of the UAPA, sections 4 & 5 of the Explosives Act and Section 25 of the Arms Act. An application seeking extension of remand was then filed before the Special Judge. It was opposed by the appellant on ground that the first remand by the CMM did not have any jurisdiction. However, the arguments were rejected, and his remand was extended.
On December 8, a new application seeking extension of the period of investigation was filed and the Special Judge granted extension till February 11, 2022. Zeeshan’s plea stated that the higher threshold of ‘impossibility’ was inserted for good reasons as the UAPA, being a special law, already grants an extraordinarily long period of 90 days for pre-charge detention of the accused — an exception in criminal jurisprudence.
Plea seeks relief
Petitioner contended that the higher threshold of ‘impossibility’ was inserted for good reasons as the UAPA already grants an extraordinarily long period of 90 days for pre-charge detention