New Delhi: A review petition of Madya Pradesh Government against its 2021 order that held that magistrate would not be competent to consider the request relating to the extension of time to complete investigation concerning to case under provisions of the Unlawful Activities (Prevention) Act (UAPA), has been dismissed by the Supreme Court.
The review petition Madhya Pradesh government seeking review of its 2021 order, was dismissed by a bench comprising of Justices Uday Umesh Lalit, S Ravindra Bhat and Bela M Trivedi.
The Court was hearing Madya Pradesh government review petition against top court order dated September 7, 2021.
The Court said, “Consequently, insofar as “Extension of time to complete investigation” is concerned, the Magistrate would not be competent to consider the request and the only competent authority to consider such request would be “the Court” as specified in the proviso in Section 43-D(b) of the UAPA.”
The Court further said that in view of the law laid down by this Court, we accept the plea raised by the appellants and hold them entitled to the relief of default bail as prayed for.
On September 7 2021, the Supreme Court concluded that “so far as all offences under the UAPA are concerned, the Magistrate’s jurisdiction to extend time under the first proviso in Section 43-D (2)(b) is non-existent.” Relief was granted of default bail to accused persons.
Against the judgement the accused person had moved to the top court, and order dated September 11, 2017, passed by the High Court of Madhya Pradesh.
On December 24, 2013, in connection with FIR lodged with STF/ATS Police Station, District Bhopal, the four accused were arrested.
On March 20, 2014, dealing with an application, which was moved on the behalf of Investigating Machinery under Section 43-D(2)(b) of the UAPA, by the Chief Judicial Magistrate, Bhopal an appropriate extension was granted.
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