The Supreme Court bench of Justices Uday Umesh Lalit, S. Ravindra Bhat and Belam M Trivedi held that magistrates are not competent to extend the time to complete investigation of a UAPA case. The "Court" is the only competent authority to extend the time for investigation under section 43 D (2)(b) of the UAPA Act. 

BACKGROUND

The Chief Judicial Magistrate Bhopal granted an extension under section 43 D (2)(b) of the UAPA Act to an Investigating Machinery. The same CJM dismissed the bail application moved by the accused on the ground that the Investigating Agency did not file the charge-sheet within 90 days.

The HC observed that due to the extension, the investigation stood extended to 180 days. 

Advocate Siddharta Dave, appearing for the accused, relied on Bikram Singh vs the State of Punjab, "Whether investigation for UAPA offence is done by the National Investigation Agency or any State Investigation Agency, are to be exclusively tried by the Special Courts set up under the NIA Act. The Top court only has the jurisdiction to extend time up to 180 days u/s 43 D (2)(b) of the UAPA Act".

Adv Dave contended that the extension granted by the CJM is beyond its jurisdiction and hence has no consequence. 

HELD

"After considering the provisions of the Act, the Magistrate's jurisdiction to grant extension does not exist under the Act. The only competent authority to grant extension is "The Court" mentioned under the provision.”

Author: Papiha Ghoshal