The Delhi High Court on Friday directed the chief metropolitan magistrate (CMM) to continue dealing with cases under the anti-terror law. The directive came to provide clarity amid the prevailing confusion over whether the magisterial court is authorised to handle cases under the Unlawful Activities Prevention (UAP) Act.
The confusion was triggered by a sessions court's order questioning the magisterial court's power to deal with the cases under the anti-terror law, and to extend the custody of the accused concerned.
“It is clarified that till the question of law is decided by this court, the CMM is directed to take cognisance in the matter under the UAP Act," said Justice Manmohan, clarifying his July 2 order, by which he had stayed the June 8 order by additional sessions judge (ASJ), Surinder Rathi.
Justice Manmohan's order came on the plea of Delhi police, which had been probing the February 2012 terror attack on an Israeli diplomat and had sought the high court's clarification on the magisterial court's power in dealing with cases under the UAP Act.
The high court expressed displeasure over another sessions court order, which, amid the confusion over the magisterial court’s power, had extended Kazmi's remand by three days on July 3, despite the high court's stay on ASJ Rathi's order.
“Once I stayed the matter, the ASJ could not have proceeded with the case. This is not politics. We have a hierarchy of courts and they can’t take the law onto themselves,” Justice Manmohan said.
The court made these remarks after police counsel Pawan Sharma said despite the court's stay order on July 2, ASJ P K Jain had extended Kazmi's custody after the CMM had refused in light of a session court observation against the magisterial court on June 8. PTI