Lawstreet Journal

Supreme Court to Examine Whether Magistrate Can Extend Time to File Chargesheet Under Section 43D of UAPA

Lawstreet Journal 12 Jul 2021 7:06pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court to Examine Whether Magistrate Can Extend Time to File Chargesheet Under Section 43D of UAPA

The Supreme Court will examine whether a Magistrate is competent to grant a chargesheet extension under Section 43D of the Unlawful Activities Prevention Act 1967 (hereinafter referred to as UAPA).

The issue came up before Justice Uday Umesh Lalit, Justice Ajay Rastogi, and Justice Aniruddha Bose while hearing a special leave petition challenging an impugned judgment of the Madhya Pradesh High Court. [Sadique & Ors v. State of Madhya Pradesh]

Senior Advocate Siddharth Dave contended that the definition of the word ‘Court’ appearing in Section 43D (2)(b) of UAPA should be construed in accordance with the definition of ‘Court’ appearing in Section 2(1)(d) of the Act and hence a Judicial Magistrate is not competent to grant such extension of time for filing a chargesheet under Section 43D of the UAPA.

Section 43D of the UAPA states that if it is not possible to complete the investigation of a case within 90 days, the Court may extend such period up to 180 days after satisfying itself of the need to grant such extension and detain the accused for a longer time. 

“Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days: Provided also… Continue Reading...


Tagged: Supreme Court of India  
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