ORDER

Altamas Kabir, CJI.-Leave granted.

2. These appeals arise out the judgment and orders dated 2nd July, 2012, 6th July, 2012 and 6th August, 2012, passed by the Delhi High Court in Crl. M.C. No.2180 of 2012.

3. By virtue of the first order dated 2nd July, 2012, the High Court issued notice on the question whether the Court of the Chief Metropolitan Magistrate was competent to remand the accused beyond 15 days for offences under the provisions of the Unlawful Activities (Prevention) Act, 1967. Notice was also issued to the learned Additional Solicitor General since the case involved interpretation of the provisions of the National Investigation Agency Act, 2008, the Code of Criminal Procedure, 1973 and the abovementioned Unlawful Activities (Prevention) Act, 1967. Proceedings pending before the learned Additional Sessions Judge, Central-II, Delhi, in CR No.86 of 2012, were also stayed till the next date of hearing and the matter was directed to be listed on 9th October, 2012. By a subsequent order dated 6th July, 2012, the High Court modified its earlier order and directed the Chief Metropolitan Magistrate to extend the remand of the accused and to take cognizance of offences under the Unlawful Activities (Prevention) Act, 1967. By yet another order dated 6th August, 2012, the High Court rejected the Appellant’s prayer for early hearing of the matter indicating that in view of the heavy board of the Court it was not possible to accommodate the Appellant’s request for early hearing.

4. Although, the Special Leave Petition was directed against the said three orders, during the hearing thereof, another question of substantial importance surfaced when on behalf of the Appellant an application, being Crl. M.A. No.19883-85 of 2012 for grant of statutory bail under Section 167(2) Cr.P.C. was filed, and was taken up for hearing along with the appeal.

5. Appearing in support of the Appeals, Mr. Mehmood Pracha, learned Advocate, urged that on 13th February, 2012, the police registered FIR No.4 of 2012 in respect of offences alleged to have been committed under Sections 307, 427 and 120-B of the Indian Penal Code in connection with an explosion involving an Israeli Embassy vehicle carrying the wife of an Israeli Diplomat which had occurred at about 3.15 p.m. at the Aurangzeb Road/Safdarjung Road crossing. The alleged offences were later amended to cover Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967.

6. On 6th March, 2012, the Appellant, Sayed Mohd. Ahmed Kazmi, was apprehended by some unidentified men in plain clothes from outside the Indian Islamic Culture Centre at Lodhi Road at about 11.30 p.m. He was produced before the learned Chief Metropolitan Magistrate on 7th March, 2012, who remanded him to 20 day police custody, subject to certain conditions. On 25th March, 2012, the Investigating Agency completed its investigation, two days prior to the expiry of the 20 day remand period, and the learned Magistrate was informed that no further custodial interrogation of the Appellant was required. Consequently, the Appellant was sent to judicial custody for a further period of 14 days.

7. On 28th March, 2012, a prayer for bail was made on behalf of the Appellant under Section 437 Cr.P.C. The said application was heard, but the Appellant’s prayer for bail was rejected on 3rd April, 2012. In between various other proceedings were taken with regard to the inspection of the damaged car.

8. On 2nd June, 2012, the Appellant was produced before the Chief Metropolitan Magistrate, since his 90 days’ period of custody was to expire on 3rd June, 2012, and further custody of 90 days’ was sought for by the prosecution. The learned Magistrate by his order dated 2nd June, 2012, extended the period of investigation and the custody of the Appellant by another 90 days. The said order dated 2nd June, 2012, was challenged by the Appellant by way of CR No.86 of 2012 which came up for consideration before the learned Additional Sessions J