The main legal point established in the judgment is that the report of the Public Prosecutor must indicate the progress of the investigation and the specific reasons for the extended detention of the accused up to 180 days, as required by the proviso to sub-Section 2 of Section 43D of the Unlawful Activities (Prevention) Act, 1967. Additionally, the further investigation under sub-Section 8 of Section 173 of the Code of Criminal Procedure supplements the charge sheet already filed and is not to be confused with the report of the investigation contemplated by sub-Section 2 of Section 173 of the Code of Criminal Procedure, 1973.

Pradeep Nandrajog, J.

1. Two legal issues have been raised by the appellants in the five captioned appeals. The first issue concerns the interpretation of the proviso to sub-Section 2 of Section 43D of the Unlawful Activities (Prevention) Act, 1967. The second concerns the interplay of sub-Section 2 of Section 173 of the Code of Criminal Procedure, 1973 with sub-Section 8 thereof.

2. Pursuant to FIRs registered by the National Investigating Agency for offences punishable under Section 121A and 123 of the Indian Penal Code, 1860 and Sections 17, 18, 18B, 19, 20, 38(2) and 39(2) of the Unlawful Activities (Prevention) Act, 1967 as amended by Act No.35 of 2008, the three appellants were arrested. Denied bail and sent to judicial custody the detention continued. Since investigation related to alleged offences committed under the Unlawful Activities (Prevention) Act, 1967 continued, Section 43D of the said Act permitted the designated Court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on May 23, 2013 an application was filed by the Investigating Officer supported by a report of the learned Public Prosecutor praying that period of detention of Syed Maqbool and Imran Khan be extended to 180 days.

3. The application dated May 23, 2013 filed by the Investigating Officer of the National Investigating Agency reads as under:-

“IN THE COURT OF SPECIAL JUDGE, NIA, PATIALA HOUSE COURTS COMPLEX, NEW DELHI

NIA Case number RC-06/2012/NIA/DLI, u/s 121 A and 123 IPC, r/w section 17, 18, 18B and 20 of UA(P) Act, 1967

STATE (NIA) V/S Yasin Bhatkal and others

Sub:- Prayer for extension of Judicial remand beyond the period of 90 days to 180 days in r/o accused persons namely:

1. Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raju, S/O Wajid Khan R/o Peer Burhan Nagar, Near Masjid Saleheen, Bhagya Nagar, Nanded, Maharashtra (DOA – 28.02.2013)

2. Syed Maqbool @ Zuber s/o Syed Haji r/o Santan Nagar near Madina Masjid Dharmabad, Nanded, Maharashtra (DOA – 28.2.2013)

MAY IT PLEASE YOUR HONOUR

1. That a case No.RC-06/2012 has been registered at PS NIA, New Delhi u/s 121A, 123 of the IPC and 17, 18, 18B, 20 of the UA(P) Act 1967 in compliance of Order No.11011/47/2012- IS.IV dated 04.09.2013 of the Ministry of Home Affairs, Government of India. The above cited case is registered against Yasin Bhatkal @ Imran @ Asif @ Ahmed Sidibappa r/o Bhatkal, Karnataka and eleven others and is presently under investigation.

2. The gist of the allegations in FIR is that the members of the Indian Mujahideen (IM), a proscribed terrorist organization, in association with the other IM sleeper cells based in the country and others, are conspiring to commit terrorist act, by making preparation for targeting various important and prominent places of India especially in Delhi by causing bomb blast, with the active aid and support from their Pakistan based operatives and associates and others, thus, waging war against the Govt. of India.

3. During the course of investigation, it has been revealed that the members of Indian Mujhahideen have carried out several terrorist activities with active aid and support from Pakistan and in association with the sleeper cell operatives based in the country. These terrorist activities are in the form of deep rooted conspiracy widespread at various places and executed in well planned manner under the leadership of top IM operatives.

4. During the course of investigation, accused (1) Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raju, S/O Wajid Khan R/o Peer Burhan Nagar, Near Masjid Saleheen, Bhagya Nagar, Nanded, Maharashtra and accused (2) Syed Maqbool @ Zuber s/o Syed Haji r/o Santan Nagar near Madina Masjid Dharmabad, Nanded, Maharashtra were produced before the Ld. Court from Tihar Jail, on the strength of production warrant issued by this Hon’ble Court. They were shown arrested by NIA on 28.02.2013 and are presently in the Judicial custody. The Ld. Court was pleased to extend judi