A Sessions court here has questioned the legality of a magisterial court's powers to extend under the Unlawful Activities Prevention Act the remand of journalist Syed Mohammed Ahmed Kazmi, suspected of involvement in the February bomb attack on a car of the Israeli Embassy here.
Additional Sessions Judge S. S. Rathi held that the custody of Mr. Kazmi had come under a “big question mark” as only the Sessions court was competent to try a case under the UAPA.
“Not only the prosecution and the defence but also the court of CMM were per se in the dark and 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 in time," Mr. Rathi said.
The court also said that it had “not observed any progress” in the Special Cell's probe against Mr. Kazmi after examining the files submitted to it by the Investigative Officer.
Mr. Rathi, however, granted the Special Cell more time to carry out the probe after saying that the Kazmi case had a bearing on other cases being probed by the Special Cell under the UAPA.
“Since the issues raised here are very serious and go to the root of the investigation, not only in this case but in dozens of other cases under the UAPA, the Additional Public Prosecutor is granted time to assist the court,” Mr. Rathi said.
Mr. Rathi also revealed that the case diary submitted to the court by the police had not been signed by the Magistrate.
However, he said that the Investigating Officer Sanjeev Yadav had submitted before him that the “investigation was being carried at a steady pace in the right direction and that till June 2, 2012, investigation spreading into 67 case diaries had been concluded.”