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2021 Supreme(Del) 2147

VIBHU BAKHRU
Shifa-ur-rehman – Appellant
Versus
State NCT Of Delhi – Respondent


Advocates appeared:
Mr Abhishek Singh, Advocate, Mr Amit Bhalla and Mr Shreshtha Arya, Advocates, for the Appellant, Mr S.V. Raju, ASG with Mr Amit Mahajan, SPP and Mr Rajat Nair, SPP,Mr Shantanu Sharma, Mr Dhruv Pande, Mr A. Venkatesh, Mr Guntur Pramod Kumar, Ms Sarica Raju, Mr Manan Popli, Mr Rajeev Ranjan, Mr Shaurya R. Rai and Mr Bhushan Oza, Advocates, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. - The petitioner is the President of the Alumni Association of the Jamia Milia Islamia. He was arrested on 26.04.2020 in connection with FIR No. 59/2020 registered with PS Crime Branch on 06.03.2020. The present petition has been filed impugning an order dated 13.08.2020 (hereafter 'the impugned order'), passed by the learned Additional Sessions Judge. By the impugned order, the learned court had allowed the respondent's application under Section 43D of the Unlawful Activities (Prevention) Act, 1967 (hereinafter 'UAPA') and extended the period of investigation in connection with FIR No. 59/2020 till 17.09.2020. The learned court also extended the period of detention of the persons accused, including the petitioner, who was arrayed as accused no. 6 in the said proceedings.

2. The petitioner claims that the impugned order has been passed in violation of the principles of natural justice and in violation of his rights under Article 21 of the Constitution of India. The petitioner claims that he was not afforded adequate opportunity to oppose the respondent's application for extension of period for completion of the investigation as he was not granted access to l

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