Punjab and Haryana high court in a significant ruling on the conclusion of investigation and filling of chalan held that if no decision on prosecution sanction is taken and communicated with the prescribed time limit mentioned under the Unlawful activities and prevention act 2008, the accused can be released on interim bail. A specific time limit for the grant of sanction observing the provision of UAPA is stringent. In such cases the accused at the time of granting the interim bail would give an undertaking that he/she would surrender before the court when the sanction is granted. The division bench of Justice Harinder Singh Sidhu and Justice Lalit Batra didn’t express any opinion if cognizance is taken on a sanction order granted after the prescribed period, whether the same would be vitiated. The appeal against the Kerala high court ruling was also withdrawn and the question of law is kept open.
These observations were made by the court while dealing with an appeal rejecting the application under section 167[2] CRPC in a UAPA case by additional section magistrate Jalandhar. The case was related to the writing of “Khalistan Zindabad” with black paint on one of the outside walls of one Gulshan Sharma’s office. The appellant was accused under Sections 153-A and 153-B, read with Section 120-B of the IPC, as well as Section 13 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), and section 3 of PDPA act No extension of time was moved and the statutory period of 90 days for presenting the charge sheet was to end on October 10th 2022.The police presented the charge sheet on 8th October without obtained the prosecution sanction under section 18 of UA[P] act and section 196 of CRPC. The court also observed that the application for granting the sanction of prosecution was moved on October 6th and the charge sheet was presented on October 8th.
“As per Rule 3, the Authority shall, under sub-section (2) of Section 45 UAPA, make its report containing the recommendation to the Central Government or to the state government as the case may be within 7 working days of the receipt of evidence gathered by the investigating officer under the code”.
NAME: KRISHNAPRIYA, SEM:3RD SEM OF BBA.LLB, COLLEGE: GOVERNMENT LAW COLLEGE THRISSUR intern under legal vidhiya
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