Only Special or Sessions Court Can Extend Custody Under UAPA: Rajasthan High Court

The Rajasthan High Court ruled that a Magistrate lacks jurisdiction to extend custody beyond 90 days for offences under the Unlawful Activities (Prevention) Act (UAPA), which fall within the purview of the National Investigation Agency (NIA) Act.

The Court clarified that such extensions can only be granted by a Special Court or, in its absence, a Sessions Court.

The Court held that the Chief Judicial Magistrate’s order extending custody and denying default bail was illegal and without authority, and accordingly upheld the accused’s right to default bail due to the absence of a valid extension order or progress report.