The Supreme Court has directed the Union government to establish a comprehensive pan-India framework, including setting up of dedicated courts and providing the required infrastructure, to ensure that the trial of special statute cases, including those related to the National Investigation Agency (NIA), are completed within six months.
The Bench of Justice Surya Kant, Justice Ujjal Bhuyan and Justice N Kotiswar Singh observed on Tuesday that the proposed mechanism would not only help in upholding the constitutional right to a speedy trial under Article 21 of the Constitution but would also curtail unnecessary bail litigation.
Justice Kant underscored the need for dedicated courts exclusively dealing with special statute cases, including those under the Unlawful Activities (Prevention) Act, the Maharashtra Control of Organised Crime Act (MCOCA), the Prevention of Money Laundering Act (PMLA), and the Narcotic Drugs and Psychotropic Substances Act (NDPS).
The Bench further said that since the trial courts were currently saddled with ordinary criminal cases, they often failed to conclude complex NIA matters in a timely manner, resulting in prolonged pre-trial detention and undue litigation over bail.
The top court of the country ordered the Union of India to provide the requisite judicial infrastructure, including the establishment of dedicated courtrooms equipped with digital facilities for virtual witness examination.
Witnesses from Kerala, Manipur, or Jammu & Kashmir should not be compelled to travel to Delhi merely for deposition. Their examination should be conducted virtually, with all protections under the Witness Protection Scheme being rigorously applied, it added.
Highlighting procedural inefficiencies, the Bench suggested trimming down the voluminous witness lists, which frequently ran into hundreds, to focus on those whose testimony was most material and credible.
Duplication of witness examination must be avoided, and testimony of distant witnesses should be facilitated through secure digital platforms, it said, adding that these measures would significantly reduce litigation costs and ensure expeditious adjudication.
The Apex Court further recommended striking a balance between safeguarding the rights of the accused and ensuring public interest. In cases where an accused was prima facie involved in crimes against the nation or the public at large, no bail should be granted within the initial six-month period. At the same time, the right to a speedy trial must be respected. Both interests could coexist if trials were concluded expeditiously, it added.
The Bench reaffirmed that completion of trials within six months would pre-empt prolonged bail applications, thereby avoiding judicial congestion and protecting national security interests.
The top court of the country directed the Union Home Ministry to coordinate with state governments for the prompt establishment of special statute courts.
Appearing for the Centre, Additional Solicitor General (ASG) Aishwarya Bhati apprised the Bench that the Home Secretary was actively engaged in discussions. Meetings with state authorities were currently going on to allocate premises for new courts, including proposals for NDMC buildings in Delhi.
The Apex Court recommended utilisation of temporary accommodations till permanent infrastructure was built and ordered the Union government to submit a formal action plan by December 16, 2025.
Justice Kant cautioned the Delhi High Court against assigning unrelated criminal dockets to exclusive NIA courts, warning that doing so would defeat the purpose of specialised judicial adjudication.
The Bench stressed that courts dedicated to NIA and other special statute cases must operate exclusively, potentially even on extended hours, to ensure expeditious trials.
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