Identify How Many Special Courts Needed To Complete UAPA Trials Within 1 Year : Supreme Court To States

The Supreme Court today called on 17 States/UTs to identify and report as to how many exclusive courts are required by them to ensure that trial in UAPA cases are conducted on day-to-day basis and completed "under all circumstances" within 1 year.

"State govts shall identify how many exclusive courts are required to be established for conducting trials in UAPA-related matters on day-to-day basis, with categorical commitment that each trial shall be completed in all circumstances within 1 year. After such evaluation, the viewpoint of states be placed on record within 4 weeks," the Court observed in its order.

The Court also urged the High Courts to take necessary steps to ensure the appointment of adequate court staff for the effective functioning of the concerned courts. It further directed the National Investigation Agency (NIA), Central Bureau of Investigation (CBI), and any other central or state investigating agencies to ensure that at least one dedicated Public Prosecutor (PP) is made available for each such court.

In cases where there is a shortage of prosecutors, the Court directed the Union and State Governments to notify Special Public Prosecutors (SPPs) in consultation with the respective High Courts.

The Court also observed that the views of the High Courts are required on the issue and accordingly ordered issuance of notice to the Registrars General of 17 States seeking their responses.

A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order, taking up a suo motu case over creation of special exclusive courts to tackle pendency of trials in cases under statutes like UAPA, MCOCA, etc. Additional Solicitor Generals Aishwarya Bhati and SD Sanjay, besides Advocate Generals of 17 States/UTs to which notice was issued earlier, appeared.

As a pilot project, keeping in view the commitment made by Union in its Office Memorandum dt. 07.01.2026, all 17 states agreed that as of now, 1 exclusive court to deal with NIA/UAPA matters may be established with financial assistance offered by Union.

The Court further ordered that a separate mechanism for evaluation of ACRs of Presiding Officers posted to the proposed NIA/UAPA courts be formulated in consultation with High Courts as they will not be able to earn units in the traditional manner.

It may be recalled that prior to this, the Court had repeatedly been stressing on the creation of dedicated courts to exclusively handle cases under special statutes like UAPA, MCOCA, etc.

In September, 2025, the Court suggested that there be an increase in cadre strength of judicial officers instead of earmarking of cases within existing strength as the latter would increase the burden on other courts. In November, it called on the Union to develop a pan-India mechanism for speedy disposal of special cases' trials within 6 months by establishing dedicated courts.

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