On Tuesday, the Supreme Court flagged the growing menace of organised crime syndicates operating seamlessly across Delhi and its surrounding regions, observing that jurisdictional barriers within the National Capital Region (NCR) are increasingly being exploited by hardened criminals to evade arrest and delay trials.
The issue arose before a Bench comprising CJI Justice Surya Kant and Justice Joymalya Bagchi while the Court was reviewing the steps taken by the Centre and the States to establish exclusive special courts for cases investigated by the National Investigation Agency (NIA). The Bench took note of a recurring pattern in which gang members commit offences in one State and then move to another within the NCR, thereby frustrating investigations and prolonging prosecutions.
The Court observed that serious offences under central penal laws often span multiple States, but trials remain fragmented due to territorial limitations of courts, leading to procedural delays.
Expressing concern over the impact of such delays, the Court suggested that the Centre consider enacting a law applicable to the entire NCR, empowering a single agency to pursue organised crime syndicates across State borders without hindrance and to produce accused persons before designated special courts in Delhi, Noida, Faridabad or Gurugram.
Justice Bagchi illustrated the issue by stating that where a gangster commits multiple offences across different States, a central agency could be entrusted with the investigation so that the accused may be tried before one court, ensuring a cohesive and expeditious trial.
The Additional Solicitor General submitted that the Supreme Court could take up the issue suo motu and lay down a framework. However, the Bench clarified that such an exercise would fall within the legislative domain.
In its order, the Supreme Court recorded that in matters involving grave offences under central laws, members of organised criminal gangs “take undue advantage of jurisdictional issues in NCR.” It was observed that the absence of a single competent court results in delayed trials across multiple locations, enabling accused persons to secure bail, which may not be in the interest of society at large.
The Court reiterated that exclusive special courts meant for NIA cases should not be overburdened with routine work and must remain dedicated to trying serious offences under central penal statutes.
Without issuing binding directions, the Supreme Court emphasised the need for an effective legislative mechanism to address organised crime across the NCR and ensure optimum utilisation of the legal architecture. The Court also noted submissions that the Centre has approved financial assistance for States to establish exclusive special courts and that the Delhi government has decided to set up multiple such courts within a stipulated timeframe.
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