New Delhi: A Delhi court on Monday dismissed an application of former JNU student and anti-CAA activist Sharjeel Imam booked under the stringent anti-terror law -- Unlawful Activities(Prevention) Act -- seeking bail on the ground that the investigation was not concluded within the statutory period of 90 days.
Imam was arrested on January 28 from Bihar in the case related to violent protests against the Citizenship Amendment Act near the Jamia Millia Islamia University in December last year.The statutory period 90 days would have concluded on April 27.
In the application, he contended that the trial court's April 25 order extending the period of investigation in the case to 90 days more is bad in law.
Rejecting the contention, Additional Sessions Judge Dharmender Rana said the order extending the period of investigation was passed before expiry of statutory time period of 90 days.
"Since the time period to conclude investigation has already been extended as per section 43 D (2) of UAPA, I am of the considered opinion that application for release of the accused on statutory bail is bereft of merits and the same is accordingly dismissed," the court said.
Section 43-D (2) of UAPA provides that if it is not possible to complete the investigation within the 90 days period, then upon the report of the public prosecutor indicating the progress of the probe and the specific reasons for the detention of the accused beyond the 90 days period, after satisfaction, the court can extend the period of probe to 180 days.
Imam is currently lodged in Guwahati jail in a case related to UAPA registered by the Assam police.
His counsel argued that the investigating agency did not conclude the probe within the specified time limit and so the accused has an indefeasible right to be released on statutory bail.
The lawyer submitted that although on April 25, period of investigation was extended for a further period of 90 days by a Roster Judge, that order is not in consonance with the statutory provisions.
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