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Supreme Court News: Magistrate UAPA does not have competent authority to probe cases: Supreme Court

Supreme Court News: Magistrate UAPA does not have competent authority to probe cases: Supreme Court
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Supreme Court News: Magistrate UAPA does not have competent authority to probe cases: Supreme Court

Supreme Court News: Magistrate UAPA does not have competent authority to probe cases: Supreme Court

New Delhi
The Supreme Court has said that under the Unlawful Activities Act (UAPA), a magistrate will not be a competent authority to extend the deadline for completion of an investigation. A bench headed by Supreme Court Justice UU Lalit said special courts could be set up under the NIA Act to consider any such request.

The special court may extend the time limit for completion of investigation in cases of crimes committed under UAPA. In such a case, until the time of investigation is extended, the magistrate is not fit for it. Sadiq and others had filed an application in the Supreme Court against the decision of the Madhya Pradesh High Court, on which the Supreme Court has given its verdict. The petitioner was arrested by STF Bhopal under UAPA. Bail was sought in the case 90 days after the arrest and it was said that the investigating agency had not filed a chargesheet at this time, so bail should be granted.

When the case reached the high court, it was said that the CJM had extended the investigation period by 180 days, so the accused had no right to bail. On behalf of the accused, the matter was taken to the Supreme Court and it was stated that if the CJM has extended the period of investigation beyond his jurisdiction by 180 days, he has no right to do so.

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