New Delhi: A Delhi court Friday dismissed the bail plea of journalist Syed Mohammad Kazmi, arrested for his alleged role in a terror attack on an Isreali diplomat, and extended his judicial custody till July 3 amid a piquant legal situation.
Chief Metropolitan Magistrate Vinod Yadav extended Kazmi`s custody amid a queer situation arising out of a sessions court ruling earlier this month, questioning the magisterial court`s power to extend the judicial or police custody of an accused under anti-terror law, Unlawful Activities Prevention Act.
The magisterial court`s power to deal with the issues related to the custody of terror accused had been questioned by Additional Sessions Judge S S Rathi on June 8.
"...Neither they (Kazmi or the police) nor the court of CMM per se took the pain to see, assess and evaluate as to whether a CMM`s 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 ASJ had said.
ASJ Rathi had given his order on a revision petition by Kazmi against extension of his custody and that of the probe period of the case against him by another 90 days.
With Kazmi`s judicial custody expiring today, he was first produced before CMM Yadav, who refused to deal with the issue of extension of his custody citing ASJ Rathi`s June 8 order and referred the matter to court of ASJ S C Malik, who was the officiating sessions judge for the day.