Of 83 UAPA cases we probed, chargesheets filed in 40: Delhi Police to HC

The court was also told that 15 of the 98 cases were transferred to the National Investigation Agency (NIA). The status report said that of 83 cases probed, 40 had been decided by court, trial was pending in 29 and investigation was still on in 14.

The High Court is hearing a batch of pleas challenging the “extension of remand” under the UAPA. One of them has been filed by Zeeshan Qamar who was arrested by the Delhi Police Special Cell on terror charges in September last year. The special cell had alleged that Qamar and another person were trained by Inter-Services Intelligence (ISI) in Pakistan last year. Special Cell officials had further alleged that Qamar and another man were asked to conduct recce of suitable locations in Delhi and Uttar Pradesh for planting IEDs.

Another appeal has been moved by 25-year-old Kashmiri photojournalist Mohd Manan Dar, who has been in jail since October 2021, challenging a January order of the trial court granting an extension of 90 days to complete the investigation under Section 43D(2) of the UAPA. Dar was arrested by the NIA, alleging connections with Pakistan-based handlers of proscribed terror outfit LeT and their associates based in Jammu and Kashmir.

Under Section 43D(2) of the UAPA, “where it is not possible to complete the investigation within 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 180 days”.

In this view, the division bench of Justices Mukta Gupta and Anish Dayal framed three questions of law on this issue last month:

1. Whether at the time of grant of extension of time for further period of 90 days of remand by judge under section 43D(2) of UAPA, a copy of the report of the public prosecutor has to be provided to the accused?

2. Whether at the stage of extension of remand for a further period of 90 days, the report of the public prosecutor should satisfy the three requirements i.e. progress of investigation carried out, whether further investigation is required to be done and whether continued detention of the accused for further investigation for the next 90 days is necessary?

3. Whether the learned special court can grant extension of remand for further 90 days beyond the initial period of 90 days in one go or the said remand should be granted as per requirement of investigation so as to oversee the progress of investigation in next 90 days?”

The Court directed the parties to file their written submissions on the questions of law and stated that they will first hear the appeals on the questions of law pursuant to the decision on the same, the appeals will be heard on merits.

The matters are now listed for hearing on November 14.