No mini-trials in UAPA bail cases: Calcutta High Court warns trial courts

Kolkata: The Calcutta High Court has reaffirmed that in bail matters under the Unlawful Activities (Prevention) Act (UAPA), courts must assess the totality of materials on broad probabilities and not conduct a mini-trial or test the admissibility of evidence at the pre-trial stage.

Justice Shampa Dutt (Paul), while hearing a criminal revision petition filed by several accused persons, made the observation while examining procedural lapses in the extension of the investigation period granted by a lower court.

The petitioners had sought quashing of the Additional Chief Judicial Magistrate’s order dated November 15, 2022, extending the time for completion of investigation from 90 days to 180 days under Section 43D(2)(b) of the UAPA, and the subsequent order dated December 27, 2022, rejecting their plea for statutory bail.

The judge found that the extension order had been passed without ensuring the production of all accused and without giving them oral notice, describing this as a prima facie violation of the mandatory safeguards provided under law. The court noted that some of the accused were not produced when the investigating agency sought additional time and said the magistrate should have ensured their appearance either

physically or through video-conferencing before granting the extension.

The court observed that strict adherence to statutory requirements was essential when dealing with offences under special enactments like the UAPA, which permit longer periods of detention and investigation. The judgment recorded that chargesheets were filed after the extension and that earlier benches of the High Court had already considered and rejected the petitioners’ bail pleas.

Observing that the same issue could not be reopened, the court declined to interfere with the lower court’s orders and dismissed the revision petition, noting there would be no order as to costs and that any interim relief earlier granted stood vacated.

Justice Dutt directed that subordinate courts must ensure the production of accused persons, maintain detailed records and communication logs with correctional homes and forward copies of such orders to the concerned authorities for information and

necessary action.