In Brief
Four accused were arrested under the Gujarat Control of Terrorism and Organized Crime Act, 2015 for offences involving terrorism and organized crime. The Special Court extended the investigation period beyond 90 days without producing the accused before it or informing them about the Public Prosecutor's extension applications. The accused later sought default bail. The Court held that failure to produce the accused before the Special Court—either physically or via video conference—when considering extension applications amounts to gross illegality violating Article 21 (right to liberty). Such procedural breaches vitiate the extension orders. Since the accused applied for bail before the charge sheet was filed, they are entitled to default bail, which is a fundamental right under the Constitution.
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