Magistrates cannot extend probe under UAPA at will: SC

Only Special Courts can grant extension, says Bench

The Supreme Court has held that magistrates cannot favour the probe agency to extend the period of investigation in the Unlawful Activities Prevention Act (UAPA) cases at will. Under UAPA, the investigation has to be completed within 90 days. If not, the accused is entitled to default bail. In so far as “extension of time to complete investigation” is concerned, the “magistrate would not be competent to consider the request and the only competent authority to consider such request would be ‘the Court’ as specified in the proviso in Section 43-D (2)(b) of the UAPA,” a three-judge Bench, led by Justice U.U. Lalit, observed.