New Delhi: The Centre on Tuesday told the Supreme Court that to ensure speedy trial, it has decided to set up a dedicated NIA court in each state and Union territory and more than one court at places where there are over 10 cases under anti-terror law.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi was also told by the Delhi government that 16 special courts are being created in the national capital to deal with organised crime and terror cases.
The top court asked the Centre and the Delhi government to explore the possibility of enacting a stringent anti-organised crime law like MCOCA for the entire National Capital Region, to avoid any jurisdictional conflict between different law enforcement agencies.
Taking note of gangster Mahesh Khatri, who has multiple cases registered against him in different areas of the NCR and is before the court seeking bail on the ground of delayed trial, CJI Kant said hardened criminals involved in organised crime take undue advantage of the jurisdictional issues in NCR and evade the law.
“Sometimes the offence is generated in say A state, and the offender moves to B state. But which court or agency should take cognisance of the matter for prompt investigation, or which courts shall have the competent jurisdiction itself becomes an issue in the criminal trial,” the bench said.
The top court was hearing bail pleas of Khatri and of Kailash Ramchandani, a Naxal sympathiser from Gadchiroli in Maharashtra, who was booked after 15 policemen of a quick response team were killed in an IED blast in 2019.
The CJI said the eventual benefit goes to the hardened criminals, which may not be in the interest of society or the nation.
“It seems that the issue requires consideration, including the desirability of formulation of effective laws for the effective utilisation of existing legal architecture in the NCR region,” he said.
While pointing to the multiple FIR in the case of Khatri, Justice Bagchi told Additional Solicitor Generals Aishwarya Bhati (Centre) and SD Sanjay (Delhi government) that they can explore the possibility of invoking of NIA Act in such cases, where there are multiple FIRs in different states.
He said NIA has the supervening power of taking over all the investigation, particularly in respect of these organised crime brackets.
Bhati pointed to the status report of the Centre and said that a virtual meeting of the union home secretary was held with his counterparts of different states and it was agreed that additional infrastructure and post of judicial officers will be created to deal with NIA cases and for this funds will be allocated.
She submitted that the Centre has decided to set up NIA courts in each states and union territories and where there are more than 10 cases like in Kerala due to banned PFI-related cases, more than one NIA court will be there.
“I can say that Rs one crore for recurring and non-recurring expenditure has been proposed by the Centre for setting up additional NIA courts,” she submitted.
Sanjay on other hand submitted that the 16 special courts which have been committed for trial of gangster and terror related cases, will start functioning in three months.
The bench said, “We want these dedicated courts to conduct day-to-day trials in NIA and special statute cases and would not hold trials for any other case. It is only when they are idle, they will look into other cases.”
CJI Kant said it should not be a case that existing courts are designated as special courts and burden the existing judicial machinery by entrusting special enactment cases.
Both Bhati and Sanjay assured the bench that it was not the case and additional infrastructure is being created.
The top court directed both the law officers to file an action taken report and posted the matter for further hearing in January, 2026.
Earlier, in July the top court had pulled up the Centre and Maharashtra government for designating existing courts as special courts as it asked for the creation of newer ones meant for special cases.
It had said if existing courts were designated as special courts for trials under the NIA Act, cases of undertrials languishing in jail for years, senior citizens, people from marginalised sections and matrimonial disputes would be delayed.
The top court had underscored the need of the hour to be the creation of more infrastructure, appointment of judges and staff and the government sanctioning the posts.
On May 23, the top court underlined the need for dedicated courts for NIA cases while calling for a “judicial audit” of laws enacted by the Centre and the prospective ones by the states.
It said the cases entrusted to the NIA were heinous cases, having pan India ramifications and each such case contained hundreds of witnesses and the trial did not progress with the required pace as the presiding officers of the court were busy with other cases.
The top court further said the only appropriate course meant setting up special courts where trial of cases only related to special statutes could be carried out with a day-to-day hearing.
