The court emphasized the importance of providing specific and meaningful reasons for seeking an extension of the investigation period under the Unlawful Activities (Prevention) Act, 1967.

JUDGMENT

Suresh Kumar Kait, J. - The present petition has been filed under section 482 read with section 43(D) of Unlawful Activities (Prevention) Act, 1967 to set aside the order dated 15.06.2020 passed by learned ASJ, Patiala House Court, New Delhi in pursuance to FIR No.59/2020 registered at Police Station Crime Branch investigated by Special Cell, Delhi Police, whereby granted 60 days time till 14.08.2020 to investigate the instant case.

2. The brief facts of the case are that the petitioner is an advocate since 2006 and has also served as a Congress Municipal Councillor (2012-2017) from Ward No.231, Ghondli, Delhi.

3. It is stated in the present petition that in February 2020, a peaceful protest against Citizenship Amendment Act had been going on at Khureji Khas and no complaint of any criminal activity had been moved against any of the protestors. The petitioner being a Former Municipal Councillor was falsely implicated and arrested in case FIR No.44/2020 registered at Police Station Jagat Puri on 26.02.2020 and was sent to judicial custody, however, granted bail by the court of Ms.Manjusha Wadhwa, learned ASJ-03, Shahdara District, Karkardooma Court vide order dated 21.03.2020 wherein the learned sessions Court held that "Role assigned to applicant Ishrat Jahan is that she incited the crowd to remain present at the spot as well as raised slogan of freedom, however, no overt act has been imputed to her whereby she incited the crowd to take law in their hands and use force against the police. She is a woman and is in JC since 26.02.2020. There are no allegation of use of katta by her or providing the same to any other member of the crowd and thus invocation of Section 307 IPC against her is debatable. In the considered opinion of this Court, the applicant Ishrat Jahan @ Pinki being a woman is entitled to benefit of proviso to Section 437(1) Cr.P.C. and it is in the fitness of things to extend her benefit of bail."

4. But, to defeat the above bail order, the petitioner was taken into police custody in the present case FIR No.59/2020 registered at Police Station Crime Branch investigated by Special Cell, Delhi Police on 21.03.2020 itself for the purpose of investigation of similar alleged offences. The petitioner remained in police custody in FIR No.59/2020 from 21.03.2020 to 05.04.2020 and thereafter in judicial custody. The investigating agency subsequently added section 124A/302/ 307/353/186/212/395/427/435/436/ 452/454/109/114/153A/34 IPC and sections 3 & 4 of Prevention of Damage of Public Property Act, 1984, section 25/27 Arms Act and section 13/16/17/18 of Unlawful Activities Prevention Act, 1967 which came into the knowledge of the petitioner when her judicial custody was extended.

5. Three accused persons namely Mohd.Danish, Mohd.Illiyas and Parvez Alam in the present FIR were admitted to bail vide order dated 13.03.2020. And learned sessions court was pleased to grant interim bail to the petitioner vide order dated 30.05.2020 on the ground of her marriage which has been solemnized on 12.06.2020. Thereafter, on 08.06.2020, the learned APP had filed an application, without mentioning provision of law, seeking extension of time of 90 days for filing chargesheet against two accused persons i.e. the present petitioner and one Khalid s/o Abdul Latif. Accordingly, vide the impugned order, the learned sessions court allowed the application granting extension of 60 days.

6. Learned counsel appearing on behalf of the petitioner submitted that the application filed by learned Public Prosecutor is an abuse of the legal process as the same fails to make out any legal or factual basis that justifies extension of time. This exercise is only to subvert and defeat the right of the petitioner to seek regular and statutory bail under the Cr.P.C. The impugned order deserves to be set aside on the ground that speedy and fair investigation are fundamental tenets of criminal justice system as has been held in "Vinubhai Haribhai Malviya &