The sessions court on Friday raised a serious question regarding the extension of judicial custody of journalist Syed Mohammad Kazmi, arrested for his alleged role in February 13 Isreali diplomat’s car bombing case, noting that by abiding the law, only sessions court has the power to pass an order under anti-terror law UAPA.
Questioning the magisterial court’s authority to extend Kazmi’s judicial custody, additional sessions judge Surinder S. Rathi said, “The custody of revisionist (Kazmi) has come under a big question mark.” The matter came to light after Mr Kazmi’s counsel Mehmood Pracha had filed a petition before sessions court against the June 2 order of the magisterial court, which extended Kazmi’s custody to another 90 days when he has already spent 90 days in custody since his arrest by the special cell on March 3.
Further, the sessions court said that the matter was on trial since March 7, but none of the prosecution, defence team or the CMM court bother to assess and evaluate as to whether magisterial court has the power to exercise the extension of remand under the UAPA.
“Not only the prosecution and the defence but also the court of CMM were per se in dark and were blissfully ignorant about the non-competence of the magisterial court to deal with matter under UAPA as evidently they were never discussed at any point of time,” the court said.
The ASJ also raised a specific query to the investigating officer of the case and the prosecutor as to why they have been producing the accused before the CMM’s court for extending his police and judicial custody and even the probe period while the statute does not provide for the same. “More so, when the act rather requires that after the initial first 15 days remand, the subsequent proceedings shall be carried out by a court no less than a sessions court,” said the court.
The court drew the attentions of both the prosecution and the defence counsel towards the apparent lack of the magisterial court’s power to entertain pleas for extension of period of investigation or detention from 90 days to 180 days.