- (1.)The petitioner has filed the present petition, inter alia, impugning an order dated 13.08.2020 passed by the learned Additional Sessions Judge, whereby the court allowed the respondent's application under Section 43D of the Unlawful Activities (Prevention) Act, 1967 (hereafter 'UAPA') and extended the period of investigation in FIR No. 59/2020 registered with PS Crime Branch, till 17.09.2020. The learned ASJ also extended the period of detention of the accused persons, including the petitioner, till the said date.
(2.)The petitioner contends that the impugned order violates the principles of natural justice as the petitioner was neither provided a copy of the application (cum report), which was allowed by virtue of the impugned order, nor afforded a meaningful opportunity to be heard in opposition of the said application. The petitioner contends that the same violates the petitioner's right under Article 21 of the Constitution of India.
(3.)The controversy in the present petition arises in the context of FIR No. 59/2020 under Section 147/148/149/120B of the Indian Penal Code, 1860 (IPC) registered with PS Crime Branch on 06.03.2020. The said FIR was registered by SI Arvind Kumar of Crime Branch, Delhi Police. He had reported that one of his informers had informed him that the riots which had taken place in Delhi on 23rd, 24th and 25th of February 2020, were a result of a pre-planned conspiracy. He alleged that the conspiracy for spreading these riots was hatched by one Umar Khalid, a student of Jawahar Lal Nehru University and his accomplices from different organizations. Umar Khalid had allegedly delivered hate speeches in different places. He had appealed to persons to come and obstruct public roads, in order to lead people to believe internationally that minorities in India were being oppressed. He alleged that as a part of the controversy, women and children were called to protest at different places in Delhi and weapons like firearms, petrol bomb, acid bottles were collected at Chand Bagh, Gokul Puri, Shiv Vihar and other areas. It was alleged that responsibility for assembling the mobs from other outside areas was assigned to one Danish. Umar Khalid and Danish were the only two persons named in the FIR.