Delhi High Court Seeks Response Over Steps Taken To Streamline Expeditious Disposal Of Trials In UAPA Cases Before Special Designated Courts

The Delhi High Court has directed it's Registry to file a further affidavit indicating the steps taken in order to streamline expeditious disposal of trials in Unlawful Activities (Prevention) Act cases pending before Special Designated Courts in the national capital.

Justice Mukta Gupta directed Advocate Gaurav Agarwal, representing the Delhi High Court in the matter, to file the said affidavit while posting the matter for further hearing on February 14, 2022.

The Court was hearing a plea filed by an accused Manzer Imam who was in custody from last 8 years in connection with a NIA case. It was alleged that some members of Indian Mujahideen were conspiring to commit terrorist acts by allegedly targeting landmark places in India. The Court had vide order dated September 15 sought response from the Registry in the matter. 

During the course of hearing today, Agarwal apprised the Court that an affidavit has been filed by the High Court.

However, the Court expressed it's dissatisfaction on the affidavit and remarked thus:

"This is not a proper affidavit. What their claim was that UAPA are both investigated by NIA and Special Cell. Since you have designated special court for NIA, you have lesser work whereas the UAPA cases investigated by special cell they are piling up. You need to designate more of NIA court."

To this, Agarwal responded that as far as the Court of the district judge was concerned, there were 12 cases pending and charges were framed in 9 of them.

Furthermore, he submitted that the pendency of other cases do not affect the NIA cases because the total number of cases in the district judge's court were only 262 as against 600 cases in other courts.

However, he pointed out that there was an issue regarding the pendency before the second special court (ASJ 2). He apprised the Court that even framing of charges was taking time before the said Court.

"In all these matters, they don't get back bail and most of them are foreign nationals. Therefore an expeditious disposal of a trial is really mandated. In all other cases, even if serious, once material witnesses are examined the Courts tend to grant bail. But in serious offences it is difficult to grant them bail," the Court remarked.

Accordingly, the Court said that it was evident that in each of the trial, there were a number of accused persons ranging from 4 to 14 and witnesses nearing 100 to 500 and therefore, the trials take considerably long time.

"Further, offences being serious and many times involving foreign nationals, bails are not granted easily and thus it is paramount that offences under UAPA, whether investigated by NIA or special cell, are tried by special designated courts expeditiously who have no other matters listed before it so that the trials can be expedited," the Court added in the order.

"Let a further affidavit be filed by Delhi High Court indicating the steps taken to streamline expeditious disposal of trials in UAPA cases," the Court directed.

However, the Court added that the High Court may consider the issue as to whether there is a need to transfer the cases to other Courts or if other Designated Courts have to be established to tackle the issue of pendency.

FIR was registered against Imam under relevant provisions of UAPA and IPC. He was arrested in the year 2013. The plea was therefore filed seeking directions that Special NIA Courts must deal exclusively with NIA investigated scheduled offences so that trials must be expeditiously heard by such courts.

Apart from seeking directions for expeditious hearings by Special NIA Courts, the petitioner also seeks directions to the Special Court for concluding his trial on day-to-day basis.

The Court had earlier sought response of the Centre, through Joint Secretary, Internal Security Division, Ministry Of Home Affairs; National Investigation Agency and the Delhi Government in the matter.

Case Title: MANZER IMAM v. UOI, THROUGH JT. SECRETARY, INTERNAL SECURITY DIVISION, MINISTRY OF HOME AFFAIRS & ORS