The plea, filed through advocates Ashok Agrwaal and Aditi Saraswat, stated that the statutory period of 90 days of their judicial custody was set to expire on November 14. But on November 11, NIA filed an application before the Special Court seeking extension for a further period of 90 days. The Court allowed the application and extended the detention period.
Though the appellants preferred a bail application, the same was also rejected by the lower court on the ground that the order extending detention period still stands. The duo, therefore, filed the present appeal before the High Court.
The plea argued that the order of the special court fails to satisfy the requirement under the NIA Act which states that the report of the public prosecutor seeking extension of detention period must indicate the progress of investigation and specific reasons for detention of the accused beyond the period of 90 days.
The accused have therefore asked the Court to set aside the order and release them on default bail.
Source: Barandbench
