NEW DELHI: Since 2005, Delhi Police has lodged 98 cases under the stringent Unlawful Activities (Prevention) Act (UAPA). Of these, 15 were transferred to the National Investigation Agency. Chargesheets were filed in 40 of the remaining 83 cases within 90 days, while an extension was sought in about 20 cases, the police stated in a report filed in Delhi High Court. The report was filed in response to an earlier direction by the high court, which is hearing a plea by a UAPA accused challenging a trial court order extending the 90-day deadline granted to the police in a case against him. A bench of justices Mukta Gupta and Anish Dayal had in October asked the police to place on record the number of cases under the UAPA where it filed the chargesheet within the stipulated 90 days period. It had also asked the police to disclose the details of instances where a chargesheet was filed after seeking an extension of the 90-day deadline. Of the 83 cases, 40 matters have been decided by courts, while 29 are pending for trial and 14 others still awaiting further investigation. In 14 UAPA cases, where the probe is still on, no arrests have been made in 12 cases. Section 43 D (2) of the anti-terror law grants 90 days to the investigating agency to complete its probe and file the chargesheet. It, however, states if it is not possible to complete the investigation within that period, the court concerned may extend the deadline up to 180 days. In his plea before the high court, the UAPA accused contended the test for granting an extension is that of “impossibility of completion of investigation within 90 days”, which is materially different from inability or the mere fact of non-completion of examination of call records or other related investigation. He said the trial court did not assess the report of the public prosecutor on the threshold of impossibility and the investigation seemed to not have progressed since the police and judicial remand was allowed earlier this year.
Source: https://timesofindia.indiatimes.com/city/delhi/close-to-100-uapa-cases-since-2005/articleshow/95386626.cms