[UAPA] 98 cases registered by Delhi Police since 2005, 40 decided, trial pending in 29, 15 transferred to NIA: Police to Delhi High Court

The Delhi Police has informed the Delhi High Court since 2005, it has registered 98 cases under the Unlawful Activities Prevention Act (UAPA), investigated 83 of them and filed chargesheet within the stipulated deadline of 90 days in 40 matters..As per data, the police sought extension of time for filing chargesheet beyond 90 days in 20 cases..In an affidavit filed before the Court, the Delhi Police also stated that of the 98 cases registered, 15 were transferred to the National Investigation Agency (NIA). Of the remaining 83 cases, the Police provided details of 74 cases as the rest were still unchecked. 40 of those cases were decided while 29 are pending trial and 14 are being investigated.Of these 14 cases still under investigation, 12 are those where arrests have not been made and in two casess arrest was been made but the 90 day period is not completed. .The details were submitted after the High Court directed the Delhi Police to provide details on number of UAPA cases in which chargesheet was filed within a period of 90 days and cases where extension was sought.The Court is seized of five appeals challenging a trial court’s order extending detention period from 90 days to 180 days.Section 43D(2) of the UAPA provides that if it is not possible to complete the investigation within the 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 90 days, extend such detention up to 180 days..A division bench of Justices Mukta Gupta and Anish Dayal had earlier said that it will examine various procedural aspects regarding extension of this detention period. The bench had also framed three questions on the issue and said that it will decide them while dealing with the batch of matters listed before it..The questions framed by the court are: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, copy of report of the public prosecutor has to be provided to the accused;Whether at the stage of extension of remand for the 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;Whether the 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 progress of investigation in next 90 days..One of the appeals is by Zeeshan Qamar who was arrested by the National Investigation Agency (NIA) for allegedly travelling to Pakistan and receiving training in handling explosives as ISI was plotting a serial blast in India.Another petition is by Kashmiri photo-journalist Mohammad Manan Dar challenging extension of his detention. Dar has also sought his release on default bail citing failure by the investigating agency (NIA) to file chargesheet in the case..[UAPA] Delhi High Court to examine whether accused should be given public prosecutor's report while extending remand beyond 90 days