Right To Speedy Trial: Delhi High Court Issues Notice On Plea For Expeditious Disposal Of NIA Cases

The Delhi High Court has issued notice on a plea seeking efficacious disposal of cases falling under Scheduled Offence of the National Investigation Agency Act, to ensure and safeguard fundamental right of speedy trial of the accused.

Justice Mukta Gupta was dealing with an impleadment application, filed by the father of an accused facing trial in a case registered in the year 2015 under UAPA, pending in Special NIA Court in city's Patiala House Court. 

Filed through Advocate Qausar Khan, the application submits that while five persons were arrested in the FIR under UAPA, one of them was discharged by the Trial Court in 2017. Thereafter, the applicant namely Mohd. Zishan was arrested from the airport and was deported from Saudi Arabia for visa violation.

In 2018, charges were framed against the applicant in the matter and his bail plea was also dismissed. The appeal against his bail rejection was dismissed by the High Court in 2019.

As per the plea, the trial court while rejecting the applicant's second bail plea this year observed that out of the 87 witnesses in the case, only 14 witnesses were examined and that the fundamental right of expeditious trial is to be essentially tempered with the ground realities.

It is further averred that the Trial Court cited heavy work-load due to which the trial of the cases involving Scheduled offences under UAPA were being substantially delayed.

"That in view of the admitted heavy board of the Ld. Trial Court, the trial of the Scheduled offences is not likely to be concluded in the near future unless the trial court deals exclusively with the Scheduled offences/UAPA matters as mandated under the NIA Act, 2008," the plea reads.

The application was filed in the plea of one Manzer Imam, who is also in custody from last 8 years in connection with a NIA case.

"The affidavit is to be filed by the Delhi High Court wherein it will also address the issues raised by the applicant seeking intervention. List on December 21," the Court said.

Advocate Gaurav Aggarwal appearing for the High Court had earlier apprised the Court that a total of two designated Special Courts are there in the Patiala House Court dealing with NIA cases presided over by a Sessions Judge and the District & Sessions Judge.

However, time was sought from the Court to ascertain if such NIA cases were not given adequate precedence in the special courts, thereby resulting in a delay in trials.

The Court had also 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