New Delhi: Amid the prevailing confusion over the magisterial court`s power to handle cases under Unlawful Activities Prevention Act, triggered by a sessions court`s order, the Delhi High Court on Friday directed chief metropolitan magistrate to deal with the cases under anti-terror law.
"It is clarified that till the question of law is decided by this court, the CMM is directed to take cognisance in the matter under the UAP Act," said Justice Manmohan , clarifying his July 2 order, by which he had stayed the sessions court`s June 8 order.
The June 8 order of Additional Sessions Judge Surinder Rathi had questioned the magisterial court`s power to deal with the cases under the anti-terror law and to extend the custody of terror case accused.
Justice Manmohan`s order came on the plea of city police, which had been probing the February 2012 terror attack on an Israeli diplomat and had sought high court`s clarification on the magisterial court`s power in dealing with the cases under anti-terror law UAPA.
The high court also expressed displeasure over another sessions court order, which, amid the confusion over the magisterial court`s power, had extended Kazmi`s remand only by three days on July 3, despite the high court`s stay on ASJ Rathi`s June 8 order.
"Once I stayed the matter, the ASJ could not have proceeded with the case. This is not politics. We have a hierarchy of courts and they can`t take the law onto themselves," Justice Manmohan said.
The court made these remarks after the police counsel Pawan Sharma informed that despite the court`s stay order on July 2, ASJ P K Jain had extended Kazmi`s custody after the CMM had refused to do so in light of an observation made by the sessions court against the magisterial court on June 8.