A division bench of Justices Mukta Gupta and Anish Dayal said that at the stage of extending the remand, the Court would not be required to give reasons as to how a prima facie offence under UAPA is made out because it would entail disclosure of the investigation.
The special court would be required to satisfy itself about this requirement, the High Court said.
“Even without being supplied with the copy of the public prosecutor’s report, if the accused is heard on the relevant facts which go to the root of granting extension of time for continued investigation, the same will be a meaningful notice,” the bench said.
However, the Court clarified that when the accused is produced to inform him about the extension of period of investigation, the accused cannot be a silent spectator.
“The special court would be required to take into consideration, submissions on behalf of the accused, while examining public prosecutor’s report regarding progress of investigation, and the reasons for seeking further detention, for continued investigation,” the High Court made it clear.
Source: Barandbench
