[UAPA] Investigating Agency Cannot Seek Extension Of Time For Filing Chargesheet Citing Lack Of Sanction: Bombay High Court
5 months ago

[UAPA] Investigating Agency Cannot Seek Extension Of Time For Filing Chargesheet Citing Lack Of Sanction: Bombay High Court

Live Law  

The Bombay High Court has held that the investigating agency under the Unlawful Activitives Prevention Act cannot seek an extension in filing the chargesheet citing the lack of sanction. The judges further held that in such a scenario, an investigating agency cannot seek extension of time to file chargesheet on the ground that it has to obtain the mandatory sanction from the competent authority. In the instant case before it, the bench noted that the Public Prosecutor's report seeking extension of time indicated that the investigation is complete and ample evidence is available for filing the chargesheet. Thus, once the investigation is complete, there is no question of granting an extension of time to file a chargesheet by exercising powers under Section 43-D of the UPAA, as there is no question of seeking an extension of time on the ground that the application for grant of sanction under Section 45 of UAPA is pending; the reason being, that sanction is required for taking cognizance and not for filing chargesheet," the judges underscored.

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History of this topic

Delhi Police file charge sheet against NewsClick in UAPA case
8 months, 3 weeks ago

Delhi Police file charge sheet against NewsClick in UAPA case

The Hindu  

The Delhi Police on March 30 filed its first chargesheet against news portal NewsClick and its founder Prabir Purkayastha, in a case lodged under the provisions of the Unlawful Activities Act, 1967, following allegations that they received funds through Chinese firms to spread pro-China propaganda. The chargesheet against NewsClick came nearly six months after the Delhi Police arrested Mr. Purkayastha …

NIA seeks time to file chargesheet against 2 accused in D-gang terror financing case
2 years, 4 months ago

NIA seeks time to file chargesheet against 2 accused in D-gang terror financing case

India Today  

A special Court under the National Investigation Agency Act has reserved its order on the application filed by NIA seeking an extension of time to file chargesheet against two accused arrested in the terror funding case related to underworld fugitive Dawood Ibrahim and others. The special public prosecutor said that the accused were related to the Dawood gang and the …

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine
3 years ago

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine

Live Law  

The Delhi High Court on Friday issued notice on a petition involving a question of law as to whether the request for extension of period of investigation and pre-charge detention under proviso to Section 43D of Unlawful Activities Act should meet the threshold of "impossibility".The proviso sates:"if it is not possible to complete the investigation within the said period. The …

UAPA Offences Will Go Before Special Court Only When NIA Investigates : Maharashtra Govt To Bombay High Court In Sudha Bharadwaj's Plea For Default Bail
3 years, 5 months ago

UAPA Offences Will Go Before Special Court Only When NIA Investigates : Maharashtra Govt To Bombay High Court In Sudha Bharadwaj's Plea For Default Bail

Live Law  

Opposing the default bail plea of Bhima Koregaon- Elgar Parishad accused Sudha Bharadwaj, on Thursday, the Maharashtra Government said that orders passed by the Pune Judge Kishore Vadane were not without jurisdiction even though he was a sessions judge and not a Special Judge under the NIA Act. During the last hearing Justices SS Shinde and NJ Jamadar had said …

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'
3 years, 10 months ago

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'

Live Law  

The High Court of Delhi on Thursday refused to set aside the Trial Court's order directing extension in the period of investigation and custody of the accused for a period of 45 days with directions to the investigating agency to expedite the investigation. A single Bench of Justice Rajnish Bhatnagar heard the plea by two accused NajmusSakib and Al Mamun …

[UAPA] Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application:Delhi HC [Read Order]
4 years, 3 months ago

[UAPA] Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application:Delhi HC [Read Order]

Live Law  

The Delhi High Court ruled that an accused has a right to be heard to oppose an application for extension of time for completion of investigation accruing out of the proviso to Section 167 of the Cr.P.C. for application to UAPA investigations, such detention can be extended to a period of 180 days beyond this time-limit of 90 days provided …

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