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

J Lalit: History shows, if you see TADA, their expression used was designated court, so it was a clear distinction which had to be constituted under enactment.

J Lalit: Its in that context that court has been used. Its not your case there was no special courts in Maharashtra. There was a special court. So question arises, when there were special courts why did you prefer application to one who wasn’t? 

Bench: Court need not be a special court if you understand in context of CrPC. So in case court would have refused to grant extension what then? Court which is otherwise not competent will then be making a ruling like this if we accept your submission. 

ASG: yes. So NIA doesn’t come till Jan.

J Lalit: But centre wasn’t made aware when UAPA was applied? It was aware.

ASG: NIA Wasn’t involved till Jan 2020

ASG: there’s nothing in NIA Act expect who investigating agencies should be. Offences are in UAPA Act.

ASG: a very important date 24 Jan 2020. Till feb, investigation isn’t sent to NIA.

Bench: Report itself was sent to you? 

J Lalit: A court which doesn’t have jurisdiction may as well reject the extension. This will create a difficult situation. 

Bench: When law says court, it was open for legislature to say Magistrate. There are other laws where special courts is mentioned. Here they’ve used expression court not magistrate. You are saying any court has power to grant extension. Why should it be? Why not special court?

J Bhat. If there were no intervening steps, you may have been correct. But if there’s a special court that’d be the only court.

J Lalit: today judge has granted extension. What if court had refused to grant extension?

ASG: then statutory bail. 

Bench: If at all after applying mind & allowing custody, after period of 90 days is over which is maximum, Magistrate doesn’t have jurisdiction beyond 90 days. Now proviso stated that the court will apply its mind after 90 days 

Bench: Under 167, primary jurisdiction is of magistrate, regardless jurisdiction to try or not. Constitutional mandate that accused has to be taken to nearest jurisdiction. Primary seisin is of nearest magistrate. 

ASG: see 6 & 7. Acc to 6 when report is recipient state sends it to centre. Centre can send it to NIA. 13& 22 is under NIA act. 7 has two contingents- either associate a state or transfer. When its transferred by NIA, then 22 will come in. 

ASG: Investigation is a subject, this is intrusion into their territory. So the act saves right for state to investigate. So even an UAPA offence state can investigate

Bench: to extent its provided under the act.

ASG: I’ll come to that