HC directs Delhi Police to submit data on UAPA cases

The Delhi high court directed Delhi Police to submit data on the number of UAPA cases in which the charge sheet was filed within a period of 90 days. The court also sought to know the number of such cases where extension has been sought to complete the investigation, and has been granted by the trial court.

New Delhi The Delhi high court has asked the Delhi Police to submit the data of cases under the stringent Unlawful Activities (Prevention) Act or UAPA, where it has filed the charge sheet within the stipulated 90 days.

The order comes on a plea against the extension of time given to police to complete its investigation under UAPA. (File)

A bench of justices Mukta Gupta and Anish Dayal, in an order on October 10, 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 matter will be heard next on October 19.

Section 43D (2) of the UAPA grants 90 days’ time to an investigating agency to complete its probe and file the charge sheet. It, however, states that if it is not possible to complete the investigation within that period, the court concerned may extend the deadline up to 180 days.

“State will file a data showing in how many cases under UAPA, charge sheet was filed within 90 days; in how many cases, extension of time was sought and in case, extension was sought as also the period for which extension was granted and the period in which charge sheet was filed thereafter, well before the next date of hearing,” the court said in its order.

The order came while hearing a plea by one Zeeshan Qamar, who had challenged the trial court order extending the 90-day deadline granted to the Delhi Police in a case against him.

The petitioner contended the test for granting extension is that of impossibility of completion of investigation within 90 days, which is materially different from inability or the mere fact of non-completion of examination of call records or other related investigation.

He said the trial court did not assess the report of the public prosecutor on the threshold of impossibility and the investigation seemed to not have progressed since the police and judicial remand was allowed earlier this year.