Thread by @barandbench

#SupremeCourt to hear a plea involving interpretation of section 43D of #UAPA. Court is considering whether the extension of time can only be granted by special or session court or does a Chief Judicial magistrate also has any competence (default bail under UAPA)

Petitioner states expression “Court” appearing in Section 43D of UAPA is to be seen in the light of definition of “Court” as in Section 2(1)(d) of #UAPA Act and as such, the Chief Judicial Magistrate who dealt with the instant matter was not competent to grant extension of time

Additional Solicitor General S.V. Raju has been requested by the court to assist. Matter to be taken up shortly #supremecourt #UAPA

Senior Advocate Siddharth Dave submits that ASG SV Raju was not keeping well

Justice Lalit: we have received a convenience compilation. So we assume he is here

Justice Lalit: there are two things on which we need your assistance. These persons were arrested and produced before magistrate. Maximum detention period under 167(2) is over. Now extension was granted by CJM and not as envisaged under UAPA Act

Justice Lalit: now the period originally completed under 167(2) can be extended when passed by a "court". Do you mean to say it can be a CJM who is considering issues of remand? They rely on Bikramjit Singh judgment to say CJM has no power.

Justice Lalit: Now does it mean they have to be produced before a court and not CJM.

Justice Lalit: It will boil down to a fact that rather than CJM taking burden of remand, the person will be produced before special court and thereby burdening itself with mundane issues. Is this what is contemplated by law?

ASG Raju: prima facie the answer to this lies under 167 as modified by 43D of UAPA.

Justice Lalit: we will go ahead if you are ready. some compilation is not given to other side

Justice Lalit: we will list this matter on July 16, 2021

ASG Raju: 167 has been modified by 43D. This modification does not touch two things that is committing magistrate competent to try the case. Judgments have held even special judges are magistrates. Word "court" used doesnt refer to UAPA act and it is court as defined under crpc

Justice Lalit: then you are submitting contrary to Bikramjit Singh. if we accept your submission then this matter can be referred to a larger bench. Bikramjit was decided by 3 judges

ASG Raju: that judgment can be distinguished...

Justice Lalit: List this matter on next Thursday.

#supremecourt #uapa