'Avoid Bail Litigation': Supreme Court Asks Union To Establish Pan-India Mechanism For Completion Of Special Statute Trials Within 6 Months

The Supreme Court today called on the Union of India to develop a pan-India mechanism for speedy disposal of special cases' trials within 6 months by establishing dedicated courts across India.Justice Surya Kant conveyed to the counsels appearing for Union/NIA, "you please talk to the authorities at the highest level. We want a very committed system to be introduced immediately that in all these matters, the trial must be completed in all respects within 6 months...so that issue of consideration of bail, etc., those litigations can be avoided. Nobody will make a hue and cry on this side (petitioners' side) that why I am not being granted bail...unless there are exceptional circumstances (like a strong alibi plea), which can be examined on case-to-basis. But where somebody is found to be prima facie involved, in these kind of heinous crimes, which are against the nation, against the public at large, there, no question of bail for 6 months. But conclude the trial. They also have a right to speedy trial. Both things can be balanced. [Prepare] an infrastructure for this on pan-India basis. We will make sure that these courts exclusively work, maybe day and night."A bench of Justices Kant, Ujjal Bhuyan and N Kotiswar Singh was dealing with two cases (click here and here), where it earlier flagged a need for dedicated courts to conduct exclusive trial of special cases under laws like the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organized Crime Act (MCOCA).Additional Solicitor General Aishwarya Bhati, for the Union/NIA, informed the Court that a meeting chaired by the Home Secretary was held in October. When Justice Kant enquired if any positive progress has taken place, the ASG answered in the affirmative.In the context of Delhi, Additional Solicitor General SD Sanjay apprised that some courts have already been sanctioned and an NDMC building near Karkardooma Courts is proposed to be acquired for setting up courts. "Very good", commented Justice Kant, on hearing about the progress.When a counsel appeared for the High Court of Delhi, the judge flagged the problem of cases under other laws being assigned to designated courts for NIA cases in Delhi. "Maybe a genuine problem...but you will have to address. We will talk to the Chief Justice also. What you do is, today they (government) will create a court, suppose for NIA cases, next day you will allocate all PMLA cases, NDPS cases, heinous cases [to the same court]...is there any end of these cases? The purpose of creating a specialized court is frustrated the moment you enter the other cases. Let that court deal with these cases exclusively on day-to-day basis."Notably, the High Court counsel informed that in Delhi, there are 2 dedicated courts dealing with NIA trials and the pendency stands at 50 (2 in Karkardooma and 48 in Patiala House).Besides the above, the bench recommended that list of witnesses in NIA cases, which many a times runs into hundreds, be pruned and different individuals not be examined for the same issue. It was further suggested that witnesses in far-flung areas not be called to depose physically. Rather, their examination be conducted online. "Once you establish a court, you must provide online facility. NIA cases have pan-India ramifications. One witness may be in Kerala, another at border of Manipur, a third in J&K. You are conducting trial in Delhi. Why all these people should travel all the way only for deposition? We can provide them online facility. You make sure all witness protection principles are applied. They are given due protection. Counsel can cross-examine online", said Justice Kant.Justice Singh then added that there is already a scheme of the Supreme Court on the above lines. Ultimately, ASG Bhati assured the bench that the matter is being considered at the highest level in the Home Ministry and pruning of list of witnesses is being done. "We will continue to file action taken reports. We have also proposed enhancement to the financial budgeting - 1 cr as recurring and 1 cr as institutional", the ASG said. She further stated that in principle, decisions have been taken in the meeting and now the authorities have to execute them.At last, Justice Kant remarked that the suggestions, if followed up, can drastically reduce the cost of litigation. The judge also said the matter should be resolved administratively. "Why system should invite judicial directions or command for these things?"The matter was re-listed in December. "By that time, you take a formal decision. Ideally, all notification etc. should be done by that time", said Justice Kant.Case Title:(1) MAHESH KHATRI @ BHOLI Versus STATE NCT OF DELHI, SLP(Crl) No. 1422/2025(2) KAILASH RAMCHANDANI v. STATE OF MAHARASHTRA, SLP(Crl) No. 4276/2025 Click Here To Read/Download Order

'Avoid Bail Litigation': Supreme Court Asks Union To Establish Pan-India Mechanism For Completion Of Special Statute Trials Within 6 Months

Debby Jain

The Court also suggested online deposition of witnesses and pruning of witness-list in NIA cases.

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