Supreme Court of India · 2019-05-07
UNION OF INDIA vs MUBARAK @ MOHAMMED MUBARAK
- Citation / case number
- SC 2018/40999
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- MUBARAK @ MOHAMMED MUBARAK
- Author
- HON'BLE MR. JUSTICE AJAY RASTOGI
- Bench
- HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE A.M. KHANWILKAR
Judgment text excerpt
The Supreme Court held that the High Court erred in granting bail to the accused under Section 43D(2)(b) of the Unlawful Activities (Prevention) Act, 1967, as the Special Court's remand order was compliant with statutory requirements. The Court emphasized that the reasons provided by the Special Public Prosecutor for extending detention were adequate and met the legal standards set forth in the UAP Act. Consequently, the Supreme Court set aside the High Court's order and reinstated the Special Court's decision to extend the remand.