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Right to Liberty: Why Delhi HC Order on UAPA Remand Extension Is Concerning

Simply put: How do you rebut an argument that the other party is (metaphorically) whispering into the judge's ear?

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If arrested under the United Kingdom's Terrorism Act, 2000 (amended in 2006), a magistrate may permit your pre-charge detention for up to 14 days.

The above information emanates from a petition filed in the matter of Zeeshan Qamar vs Union of India. But this petition pertains to the Indian law, and this information about the UK is only for the purposes of comparative analysis.

Why though?

Because under the Unlawful Activities (Prevention) Act, which can be considered the Indian counterpart of the UK's Terrorism Act, a court may extend the period of detention to as many as 180 days. 166 days more than what's stated in the UK Act.

This provision stems from Section 43D(2) of the UAPA, which essentially says that "if it is not possible to complete the investigation within the said period of ninety days, the Court may if it is satisfied with the report of the Public Prosecutor...extend the said period up to one hundred and eighty days..."

And what must the public prosecutor's report indicate? The progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days.

Before granting the extension, the court is supposed to also consider the details of further investigation required, for which more time is sought.

But get this: The public prosecutor's report, which will go on to form the basis of the extended detention, need not be shared with the accused at the stage of extending the remand..

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