The Supreme Court has directed the Union government and State authorities to establish exclusive National Investigation Agency (NIA) courts for expeditious disposal of pending trials under special statutes such as the Unlawful Activities (Prevention) Act and other anti-terror legislations.
The Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi passed the directions on Friday while hearing a suo motu matter concerning delays in trials under special criminal enactments, including the UAPA and the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Invoking powers under Section 11 of the National Investigation Agency (NIA) Act, 2008, the Bench directed that at least one exclusive court be constituted where there were 10 pending NIA trials under the jurisdiction of a High Court. It further ordered the establishment of two such courts where pendency exceeded 15 cases and three courts where pendency exceeded 25 cases. Underscoring the need for a dedicated judicial infrastructure to ensure time-bound adjudication of cases involving terrorism, organised crime and national security offences, the Bench said one exclusive court should be established for every 10-15 pending NIA trials.
The Union government was directed to coordinate with the Chief Justices of various High Courts for the operationalisation of the courts. The Chief Justices were further requested to consult the respective state governments and ensure the availability of adequate infrastructure and exclusive judicial space for the functioning of such courts.
The Bench made it clear that the Presiding Officers appointed to these courts shall not be assigned any other category of matters and would exclusively conduct trials under Section 11 of the NIA Act. It further directed that proceedings be conducted on a day-to-day basis to minimise delays in criminal trials. While the Presiding Officers would retain administrative discretion regarding the listing and scheduling of cases, they should endeavour to ensure the completion of at least one trial every month.
During the hearing, Additional Solicitor General Aishwarya Bhati informed the Court that several States had already established dedicated NIA courts pursuant to earlier directions issued by the Bench. It was further submitted that the exclusive NIA court in Delhi was expected to become operational within the week.
The Centre, however, expressed reservations regarding the immediate extension of the Central financial assistance to special courts constituted under Section 22 of the NIA Act, dealing with cases investigated by State agencies. According to the Union government, extending such financial support at this stage could dilute the existing allocation framework.
Taking note of the submission, the top court of the country observed that courts established under Section 11 could initially prioritise NIA prosecutions and subsequently take up cases investigated by State agencies after disposal of centrally investigated matters. It further directed the state governments to comply with earlier judicial directions concerning the allocation of additional infrastructure and court buildings necessary for operationalisation of the exclusive courts. The Centre was ordered to release financial assistance in accordance with its policy framework.
The Apex Court further sought details from states regarding the pendency of trials being conducted by State investigating agencies under special statutes. Advocate Generals of all States were directed to furnish the relevant data in consultation with the Registrar Generals of their respective High Courts.
With regard to NDPS prosecutions, Additional Solicitor General SD Sanjay informed the Bench that the proposal for the establishment of exclusive NDPS courts was under active consideration and that substantial administrative progress had already been made. The Court also suggested the development of an inter-agency coordination mechanism for effective handling of NDPS prosecutions across multiple jurisdictions.
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