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supreme court news: magistrate is not a competent authority to extend probe period of cases under uapa: supreme court

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supreme court news: magistrate is not a competent authority to extend probe period of cases under uapa: supreme court

New Delhi
The Supreme Court said that the magistrate will not be the competent authority to extend the time limit for completion of investigation under the Unlawful Activities Act (UAPA). A bench headed by Justice UU Lalit of the Supreme Court said there may be special courts set up under the NIA Act to consider any such request.

The Special Court may extend the time limit for completion of investigation in the case of offenses committed under UAPA. In such a situation, as far as extending the time of investigation is concerned, the magistrate is not suitable for it. Sadiq and others had filed an application in the Supreme Court against the decision of the Madhya Pradesh High Court, on which the Supreme Court has given its decision. The petitioner was arrested by STF Bhopal under UAPA. The bail was sought in the case 90 days after the arrest and it was said that during this time the investigation agency has not filed the charge sheet, so bail should be granted.

When the matter reached the High Court, it was said that the CJM has extended the period of investigation to 180 days, so the accused is not entitled to bail. The Supreme Court was approached on behalf of the accused and it was stated that the CJM has extended the period of investigation to 180 days by going beyond his jurisprudence, while he is not empowered to do so.

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