By Cr Misc Petition No.3560/2014, challenge is made to the order dated 29.5.2014, passed by the learned Chief Metropolitan Magistrate, Jaipur Metropolitan, dismissing the application moved by the petitioners for declaring the proceedings taken against them as null and void ab initio so as the order dated 28.6.2014 passed by the learned Additional Sessions Judge No.13, Jaipur Metropolitan on criminal revision petition against the order dated 29.5.2014. A further prayer is to declare remand of accused petitioners as null and void so as the custody and they may be discharged and set at liberty.

2. The petitioners have also challenged the order dated 21.6.2014 passed by the District & Sessions Judge, Jaipur (in Cr Misc Petition No.3420/2014), order dated 18.8.2014 passed by the District & Sessions Judge, Jaipur (in Cr Misc Petition No.3798/2014). The challenge to the aforesaid orders have been made on the same grounds as have been urged in the main Cr Misc Petition No.3560/2014 and separate arguments were made.

3. The brief facts of the case are that Police Station – CID, Jaipur, CID (SOG) registered an FIR No.3/2014 on 23.3.2014 and started investigation disclosing the fact that the petitioners are accomplices of Pakistani terrorist Wakas @ Zia-ur-Rehman. They were found to be members of proscribed terrorist organisation Indian Muzahideen. The accused petitioners were working under the directions of hardcore Indian Muzahideen terrorists Riyaz Bhatkal and Iqbal Bhatkal for operating terrorist activities with the help of ISI. A case was accordingly registered for offence under sections 4 and 5 of the Explosive Substances Act, 1908, sections 3/10, 13, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short 'the UAP Act') and section 120B IPC. A report was sent to the State Government on 15.4.2014 as per section 6(1) of the National Investigation Agency Act, 2008 (for short 'the NIA Act'). On 19.4.2014, the State Government sent a report to the Central Government as is required under section 6(2) of the NIA Act. The investigation, thereafter continued by the State Police in absence of any direction of the Central Government under the Act of 2008.

4. The accused petitioners were arrested and produced before the Chief Metropolitan Magistrate, Jaipur Metropolitan (for short 'CMM') for remand, which was granted from time to time upto 90 days. Further extension of period of investigation beyond the period of 90 days was granted by the Sessions Judge, Jaipur Metropolitan on an application filed by the Public Prosecutor under section 43D of the UAP Act. The said application was allowed with extension of period. The Public Prosecutor again filed application for further extension of period by 30 days, which was also granted.

5. The accused petitioners have challenged the investigation conducted by the State Police and grant of remand by the CMM with a direction to treat all the actions as null and void. The prayer of the petitioners was not accepted, rather, impugned order was passed by the CMM on 29.5.2014 and a further challenge by a revision petition also remained unsuccessful. In the meanwhile, after completion of the investigation and getting sanction for prosecution, charge sheet was filed for the offence under sections 4,5 and 6 of the Explosive Substances Act, 1908, sections 16, 17, 18, 18A, 18B, 19, 20 and 23 of the UAP Act, 1967 and sections 121, 121A, 122, 465, 468, 471 and 120B IPC and the cognizance of offence was taken by the CMM on 19.9.2014.

6. Mr. Mehmood Pracha, learned counsel for accused petitioners, has raised legal issues in regard to the investigation by the State Police and the order of remand by the Magistrate. It is submitted that the NIA Act, 2008 and the Unlawful Activities (Prevention) Amendment Act, 2008 were enacted by Parliament on 31.12.2008. The NIA Act provides eight categories of offences which are mentioned in the Schedule to the Act of 2008. The offences under the UAP Act, 1967 is