Supreme Court asks Centre to create mechanism for completing special trials within six months

DIMAPUR — The Supreme Court has directed the Union government to put in place a pan-India mechanism to ensure that trials in special cases—particularly those under laws like the UAPA and MCOCA—are completed within six months.

According to a report by LiveLaw, Justice Surya Kant told counsels representing the Union government and the NIA to consult senior authorities and immediately initiate a “committed system” to fast-track such trials.

He said that completing trials swiftly would also reduce litigation over bail, while asserting accused persons have a right to speedy trial even in cases involving grave offences.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh was hearing two cases in which it had previously highlighted the need for exclusive courts for special offences.

The court reiterated that once such courts are created, they should not be burdened with cases under other laws, as that defeats the purpose of specialisation.

Additional Solicitor General (ASG) Aishwarya Bhati informed the bench that a meeting chaired by the Union home secretary was held in October and that progress had been made.

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Another ASG, SD Sanjay, said that some courts in Delhi had already been sanctioned, and that an NDMC building near Karkardooma Courts was proposed to be acquired for additional courtrooms—an update the bench described as “very good”.

However, when a counsel for Delhi High Court appeared, the bench flagged the issue of designated NIA courts being assigned cases under other laws, including PMLA and NDPS.

Justice Kant stressed that specialised courts must handle only the cases they are created for, on a day-to-day basis.

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The Delhi High Court’s counsel informed the bench that two dedicated NIA courts are functional—one in Karkardooma and another in Patiala House—together handling 50 pending cases.

The bench also suggested pruning the list of witnesses in NIA cases, many of which run into hundreds, and recommended online deposition for witnesses located in far-flung areas to reduce time, cost, and logistical burden.

Justice Kant said that digital facilities should be mandatory in such courts and stressed strict adherence to witness protection measures.

ASG Bhati assured the court that the Home Ministry was considering these recommendations at the highest level and that pruning of witness lists was already underway.

She added that proposals had been made to enhance financial allocation for the initiative.

Justice Kant remarked that the reforms, if implemented, would drastically reduce litigation costs and questioned why such measures should require judicial intervention instead of administrative action.

The matter will be taken up again in December, with the court directing the Centre to take a final decision and issue necessary notifications before the next hearing.