NEW DELHI, May 8: The Supreme Court on Friday directed that at least one special court be established to deal with 10 to 15 pending trials in cases probed by the National Investigation Agency (NIA).
Passing a slew of directions to expedite trials in cases where the Centre, through the NIA, is the prosecutor, the apex court said the special courts should be set up within a month.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi directed the Centre to approach the chief justice of the jurisdictional high courts and have consultations for establishing exclusive courts under Section 11 of the NIA Act, 2008.
Section 11 of the Act deals with the power of the central government to constitute special courts.
“We request the chief justice of the high courts to consult the state governments to provide requisite and sufficient space for the establishment of special courts where the presiding officers will be entrusted with the trial of cases,” the bench said.
The top court was hearing a suo motu case titled ‘In Re: creation of special exclusive courts’.
The bench directed that no other cases shall be entrusted to the special courts and the trial would be conducted on a day-to-day basis. The bench said the special court judges would be at liberty to list the matters in the manner they want while ensuring that at least one trial is concluded within a month.
“It is made clear that there shall be at least one special court for 10 to 15 pending trials,” the bench directed. It said two special courts would be set up if the number of pending trials were above 15.
The bench asked the states to comply with its earlier order in which it had said that it would be necessary for them to provide the requisite courtrooms and other immovable infrastructure for the establishment of the exclusive special courts.
The bench also dealt with the issue of trials in cases under Section 22 of the Act where the state is the prosecutor.
Section 22 deals with the power of the state government to constitute special courts.
The top court asked the advocate generals of the state, in consultation with the registrar general of the high courts, to furnish details of pending trials in their respective jurisdictions.
It posted the matter for hearing in July.
While hearing the matter on April 20, the top court asked all the states and Union Territories (UTs) to provide details of terror and narcotics cases being probed by the central and state agencies, including the NIA and the Narcotics Control Bureau (NCB), as a step towards setting up special exclusive courts for early disposal of the cases.
It asked the Centre to consider providing funds of Rs 1 crore each for setting up the courts in all states and UTs to prosecute cases lodged under the Unlawful Activities (Prevention) Act (UAPA) and the Narcotic Drugs and Psychotropic Substances Act (NDPS).
On March 24, the apex court directed the establishment of special courts for cases investigated by the NIA and those falling under the UAPA.
Expanding the ambit, the bench had asked advocate generals of 17 states to furnish the details of cases lodged under the UAPA and the NDPS Acts, irrespective of whether they were prosecuted by the NIA or the state police and by NCB or by state agencies.
The bench highlighted that early disposal would balance the rights of the accused and victims both. It had also issued notices to the remaining states and asked them to furnish the requisite information.
The suo motu petition was initiated following concerns that NIA trials were languishing for years. (Agencies)
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