Extension of remand beyond 90 days : valid or void?

Requirements to extend remand beyond 90 days explained by the Supreme Court :

The Unlawful Activities Prevention Act (UAPA) provides that an accused can be kept in remand for a period of 90 days. However, a proviso to this under 43(D) 2b of the UAPA provides that such remand can be extended beyond 90 days if the following conditions are fulfilled :

1. If the investigation has not been completed within 90 days.
2. If a report has been submitted by the public prosecutor
3. If the progress of the investigation and the reasons for extending remand beyond 90 days has been stated by the Public Prosecutor
4. On the satisfaction of the Court.

This has been explained by the Supreme Court in the case of Union of India vs Muhammed Mubarak, where the Supreme Court agreed with the decision of the NIA, which was correct in extending the period of remand beyond 90 days. However the same was overturned by the High Court. Moreover, due to a change in the material circumstance of the case, where all the accused except accused -4 were released on a default bail, The Supreme Court refused to cancel the default bail.

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