A bench of justices V K Bhasin and V P Vaish directed the NIA to file its response by August 8 on the plea by Syed Maqbool and Imran Khan challenging the trial court order which allowed the agency's plea for extension of the probe period in a case of their alleged involvement in hatching a conspiracy to carry out terror strikes in the country.
They have said in their appeal that "the NIA court had erroneously and unjustifiably, without appreciating the law as prescribed under the Unlawful Activities Prevention Act granted extension in period of investigation as well as their judicial custody."
The appeal said the period of 90 days after their arrest was to expire on May 29 but the NIA moved the plea for extension of probe period on May 23, which was allowed by the court.
It said that UAPA law mandated senior prosecutor to necessarily file a report on probe agency's plea for extension of probe period but in this case the report was prepared within minutes and there is not even a whisper about the need for further detention.
The NIA had on July 17 filed charge sheet against Imran and Syed and three others -- Mohammad Danish Ansari, Mohammad Aftab Alam and Obaid-Ur-Rehman -- under various penal provisions of the Unlawful Activities Prevention Act and the IPC relating to conspiracy to commit certain offences against the state.