Supreme Court of India.
Supreme Court Warns: Lack of Special NIA Courts Delaying Trials, May Force Bail in Terror Cases:
New Delhi, India – The Supreme Court of India today expressed strong disapproval over the government’s failure to establish an adequate number of special courts dedicated to trying terror-related offenses under the National Investigation Agency (NIA) Act. A Bench of Justices Surya Kant and Joymalya Bagchi warned that the dearth of such courts is causing undue delays in trials, which could compel courts to grant bail to undertrials in cases where proceedings are not expeditious.
During the hearing of a bail plea filed by Kailash Ramchandani, the Court observed that “no effective or visible steps have been taken to conduct expeditious trials in matters being investigated by the NIA by setting up of exclusive special courts.”
“If the authorities fail to establish special courts with requisite infrastructure to conduct time bound trials, the courts would invariably be without any option but to release undertrials on bail as how long can such suspects be kept behind bars when there is no mechanism for speedy trial and conclude the same in time bound manner,” the Supreme Court stated in its order.
The Bench emphasized that merely designating an existing court as a special NIA court would not suffice. It stressed the necessity for “creation of posts in superior judicial services cadre and also post of requisite ministerial staff,” along with “suitable courtrooms.”
The Court had previously, on May 23, sought the government’s response on this issue, suggesting that trials in such cases should ideally proceed on a day-to-day basis. It had also noted that the creation of additional courts and their infrastructure falls within the executive’s domain, requiring consultation with the Chief Justice of the High Court and comprehensive data on trial pendency.
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Despite an affidavit filed by the Under Secretary of NIA, the Court found a lack of concrete action. “You want prosecution under special acts also and yet no speedy trial for the accused,” the Bench orally remarked, reiterating its stance that the designation of existing courts as special NIA courts, as per Section 11 of the NIA Act 2008, would not meet the requirement for speedy trials.
Granting one final opportunity, the Supreme Court directed the Central government and the State of Maharashtra to respond to the plea within four weeks. The Bench made it clear that if exclusive special courts are not established, the petitioner’s prayer for bail would be considered on its merits.
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