On Friday, the Supreme Court issued a series of directions aimed at accelerating long-pending terror and national security trials under the National Investigation Agency (NIA) Act, 2008, directing that exclusive NIA courts be established and that no such court should handle more than 10 to 15 pending trials at a time. A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi also directed trial courts to conduct proceedings on a day-to-day basis and ensure that at least one case is concluded every month. The move comes amid mounting concern over delays in UAPA and other special law prosecutions involving serious national security allegations.
The directions were issued in a suo motu matter initiated earlier this year to examine the growing pendency of criminal trials under laws such as the Unlawful Activities (Prevention) Act, 1967. During the proceedings, the Court considered the burden on existing special courts and the slow pace at which trials were progressing. Stressing the need for exclusive infrastructure, the Bench directed the Union Government and the NIA to coordinate with jurisdictional High Courts for establishing dedicated courts with adequate space and facilities.
The Court further clarified that where pending trials exceed 15 within a High Court’s jurisdiction, additional courts must be created, and where the number crosses 25, at least three courts should function.
Emphasising that special courts cannot effectively function while burdened with unrelated work, the Bench observed that presiding officers handling NIA matters must exclusively deal with UAPA and related trials. The Court stated that “such presiding officers shall not be entrusted with any other cases,” adding that this would ensure day-to-day hearings and quicker disposal of matters. It also directed authorities to release the necessary infrastructure funds for the implementation of the system.
In a significant push for time-bound adjudication, the Apex Court ordered that pending cases before such courts be taken up continuously while ensuring that “at least one trial is concluded within one month.”
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