Sesssion court questions legality of Kazmi's judicial custody

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 sessions court added that Kazmi case also has a bearing on other cases being probed by Special Cell under Unlawful Activities Prevention Act.

The sessions court questioned the magisterial court's power while hearing Kazmi's counsel Mehmood Pracha's plea against the June 2 order of the magisterial court, which had extended the probe period for the case against Kazmi by another 90 days when he has already spent 90 days in custody since his arrest by the Special Cell on March 3.

"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.

"Both the sides have been presenting their sides of the case as a prosecuting agency and the defence team right from March 7, 2012 but neither they nor the court of CMM per se took the pain to see, assess and evaluate as to whether a CMM court at all has any jurisdiction to pass orders granting police custody remand, repeated custody remand and order extending the period of investigation / detention from 90 to 180 days," the court observed. (More)