NEW DELHI: Of the 83 cases registered by the Delhi Police under the Unlawful Activities (Prevention) Act (UAPA) since 2005, charge sheets were filed in 40 cases within 90 days, while an extension was sought in 20 cases, it informed the High Court. The city police’s submission came on the direction of the court which was hearing a plea by a UAPA accused challenging a trial court order extending the 90-day deadline granted to the Police in the case against him.
It said that a total of 98 cases were lodged under the anti-terror law and 15 of them were transferred to the National Investigation Agency (NIA). The court had in October asked the police to place on record the number of cases under the UAPA where it filed the charge sheet within the stipulated 90 days period. It had also asked the police to disclose the details of instances where a charge sheet was filed after seeking an extension of the 90-day deadline.
The law enforcement agency said that out of the 83 cases, 40 cases have been decided and 29 are pending trial, while 14 others are pending investigation. It said that in 40 cases, charge sheets were filed within the stipulated 90-day period, while an extension of time was sought in 20 cases. Out of the 14 cases where an investigation is pending, no arrest has been made in 12 cases. In two cases, arrests have been made but the initial 90 days are not completed.
The petitioner has contended the test for granting an extension is that of “impossibility of completion of investigation within ninety days”, which is materially different from inability or the mere fact of non-completion of examination of call records.
‘The higher threshold of ‘impossibility’ has been inserted for good reasons since the UAPA being a special Act already grants an extraordinarily long period of 90 days for pre-charge detention of the accused, which is an exception in criminal justice jurisprudence He said the trial court did not assess the report of the public prosecutor on the threshold of impossibility and the investigation has not progressed since the police and judicial remand was allowed earlier this year.