Chief Metropolitan Magistrate Vinod Yadav extended Kazmi's custody amid a queer situation arising out of a sessions court ruling earlier this month, questioning the magisterial court's power to extend the judicial or police custody of an accused under anti-terror law, Unlawful Activities Prevention Act.
The magisterial court's power to deal with the issues related to the custody of terror accused had been questioned by Additional Sessions Judge S S Rathi on June 8.
"...Neither they (Kazmi or the police) nor the court of CMM per se took the pain to see, assess and evaluate as to whether a CMM's court at all has any jurisdiction to pass orders granting police custody remand, repeated custody remand and order extending the period of investigation / detention from 90 to 180 days," the ASJ had said.
ASJ Rathi had given his order on a revision petition by Kazmi against extension of his custody and that of the probe period of the case against him by another 90 days.
With Kazmi's judicial custody expiring today, he was first produced before CMM Yadav, who refused to deal with the issue of extension of his custody citing ASJ Rathi's June 8 order and referred the matter to court of ASJ S C Malik, who was the officiating sessions judge for the day. (MORE)