Mumbai: The six persons arrested by the Anti Terrorism Squad for being members of the banned CPI (Maoist) have filed a bail application in the sessions court after the Bombay high court set aside the order of the sessions court granting an extension to the ATS to file a chargesheet in the case.
According to the applicants, since the high court had termed the extension illegal, they were entitled to a default bail because the ATS had filed a chargesheet beyond the stipulated period of 90 days. The ATS arrested these accused on charges that they were actively involved in promoting the ideology of Naxalism and targeting youngsters to join the outfit.
Advocate Arif Siddiqui said, “We had challenged the order of the UAPA court granting extension of time to the Anti Terrorism Squad for filing of chargesheet in the Bombay high court and Justice Bhatkar set aside the extension following which, we have now moved bail applications for the accused on the grounds that the charge-sheet was not filed within the stipulated time of 90 days and the applicants are entitled for statutory bail.”
Advocate Sudeep Pasbola had contended before Justice Mridula Bhatkar that it was mandatory that the accused were served notice about application seeking extension of time for filing of chargesheet. He informed the high court that in this case, the prosecution claimed that the accused were not accepting the notice in jail and later, extension was granted without hearing the accused which was a violation of the right of the accused. It was further contended that the order granting extension had not mentioned any reasons and hence, the order should be quashed.
Justice Bhatkar in her order observed, “It is the duty of the court to give a hearing to the accused or his lawyers because his indefeasible right which is mentioned under section 167(2) is going to be affected.”
She further said, “The service of notice or opportunity to give audience to the accused when the issue of extension of time for filing chargesheet is involved, is not considered an empty formality but all the steps are required to be taken meaningfully and effective service of notice to the accused is necessary. Under such circumstances, the order dated April 9, 2018, of extension of time is set aside.”
Although the Anti Terrorism Squad had filed a revision application of the high court order, Justice Bhatkar rejected that too.
