Carrying that Unlawful Activities Prevention Act (UAPA) does not state that offences under it can be strived only by a Special Court comprised under NIA Act, the Delhi High Court on 22nd June,2020 rejected a habeas corpus petition concerning the apparent illegality of custody of Delhi riots accused. (Aqil Hussian vs State & Ors)
Delhi High Court held that the UAPA does not state that all lawsuits under the announced act certainly have to be analyzed by the NIA. Section 43 of the UAPA stipulates the ranks of Police Officers competent to investigate offences under Chapters IV and VI of the said Act by various Police Organisations.. Just because UAPA is one of the enlisted rulings in the Schedule to the NIA Act, it does not attend that every offence under the UAPA has certainly to be examined by the NIA, and that the prosecution of such cases certainly has to proceed before the Special Court.
Source – Bar & Bench
