Sudha Bharadwaj's Default Bail: Supreme Court Hearing NIA's Plea -LIVE UPDATES

 jUSTICE Lalit: Sorry ASG.

Bench: Heard ASG Lekhi. We see no reason to interfere. Dismissed

Bench: If there was a hiatus one would assume it was till NIA took over. So in that hiatus normal functioning of state agencies continued, state was cognisant of fact it had powers as scheduled offences under NIA are directly related to UAPA

Bench: these are points of intersection, doesn’t mean one casts a shadow on another as far as other doesn’t come into operation.

J Bhat: it has to be in context of whole universe of criminal case. You can’t make an argument in this case and leave it. 

Bench: How many such case have you transferred? That means state which have constituted under NIA are without jurisdiction then!

Bench: what you’re saying is, 22 has to be read only with section 7. If there’s an investigation by state independent of section 7, centre choses not to handover investigation to NIA, state will continue, but power will be under UAPA and not under NIA.

Bench: Acc to you power of state to constitute a special court under 22 is hedged in with requirement that it must be in receipt of a transfer of investigation. 

Bench: Supposing if centre doesn’t want to investigate what will happen?

ASG State will investigate under UAPA Act

Bench: Are you suggesting that state’s power to constitute spacial courts will come only when 7 regime kicks?

ASG: yes

J Lalit: No, let us see section 6. 

Bench: So at stage when cognisance is yet to be taken, it is a normal court as per CrPC. And when actual trial is undertaken it will be special court. Thats what you are saying.

Bench: But if that court says i refuse to extend, what will you do? Man will have to set free immediately then. Will that not be doing violence to your basic idea of UAPA? 

ASG: 2(1) D has got two parts, word used is court means criminal court having jurisdiction, not a court competent to try. What’s nature of jurisdiction will depend on state of case. If state is trial it’ll be jurisdiction to try. 

ASG refers to NIA Act.

Bench: we are reading one into into other now

ASG: UAPA offence may or may not be under NIA Act. It may be investigated under state police. That’s saved by 10. Then its not going to be governed by NIA Act