Supreme Court Directs Centre To Form 1 Exclusive NIA Court For Every 10-15 Cases, Urges To Complete At Least 1 Trial Per Month

To enable timebound disposal of trials in cases under special statutes like the UAPA, the Supreme Court yesterday directed setting up of exclusive Courts under Section 11 of the NIA Act. It stipulated that atleast 1 such court be setup for upto 10 pending trials under a High Court, 2 for over 15 pending trials, and 3 courts for over 25 pending trials.

A bench of CJI Surya Kant and Justice Joymalya Bagchi was dealing with the suo motu case concerning the creation of exclusive courts to tackle cases under special statutes like UAPA, NDPS, etc.

During the hearing, responding to the Court's earlier query as to whether Union's funding to set up exclusive Courts will extend to the Special Courts set up by the States under Section 22 of the Act (which handle cases prosecuted by State agencies), Additional Solicitor General Aishwarya Bhati said that at this stage, such extension would dilute the financial grant.

She further informed that, of the 17 states to which the Court had initially issued notice, 5 now have dedicated courts. With regard to Delhi, it was conveyed that the exclusive NIA Court would become functional within this week.

In this backdrop, the Court directed the Union (NIA) to approach the Chief Justices of the High Courts and consult them for the purpose of setting up exclusive NIA Courts under Section 11 of the Act. The Chief Justices, in turn, were requested to consult the State governments and provide requisite exclusive sufficient space for establishment of the Courts, "where the Presiding Officer shall be entrusted only the trials under Section 11 of the Act".

The Court made it clear that no other case shall be entrusted to these exclusive courts and all trials pending under Section 11 before such courts shall be taken up on day-to-day basis. The Presiding Officer shall be at liberty to list the cases in the manner they want, while "ensuring that atleast 1 trial is concluded within 1 month".

The number of exclusive courts to be set up under Section 11 of the Act were delineated by the Court thus -

- Atleast 1 exclusive court for 10 pending trials;

- 2 Courts if there are over more than 15 pending trials;

- 3 Courts for more than 25 pending trials.

That is, the broad criteria shall be 1 exclusive court for 10-15 pending trials. As per the directions, the Courts shall be setup within 1 month.

The Court also directed the States to comply with its earlier directions regarding provision of additional building, etc. for setting up the Courts. Following the same, the Union shall release the necessary funds in terms of its policy decision, it said.

In response to ASG Bhati's submission on Union funding of Courts handling State-prosecuted cases, CJI Kant orally expressed that the exclusive courts set up under Section 11 of the Act may begin with NIA-prosecuted trials, and once they are over, they can take up State-prosecuted trials.

Before passing any directions regarding setting up of exclusive courts for trials being conducted by State agencies, the bench also deemed it fit to call on the States to furnish details of the pending trials. The Advocate Generals of the States were directed to furnish the details, in consultation with registrar Generals of the High Courts.

With regard to NDPS Act, ASG SD Sanjay informed the bench that setting up of exclusive courts for trials of NDPS cases is under active consideration and substantial progress has taken place. CJI Kant, on his part, suggested that a mechanism may be developed for inter-station coordination between different agencies pursuing NDPS cases.

Case Title: IN RE: CREATION OF SPECIAL EXCLUSIVE COURTS Versus, SMW(Crl) No. 1/2026