New Delhi: The Supreme Court has underscored the urgent need for special National Investigation Agency (NIA) courts to ensure timely trials in heinous offences. The bench warned that hardened criminals exploit procedural delays to secure bail and stall justice.
Bench Stresses Speedy Trials
A bench of Justices Surya Kant and Joymalya Bagchi made the observations while hearing submissions from Additional Solicitor General Aishwarya Bhati. The ASG informed the court that the Centre is already holding consultations with states to establish such courts.
Bhati assured the bench that a decision would be finalized soon. The judges stressed that trials within a fixed timeframe would strengthen societal confidence and deter habitual offenders.
Criminals ‘Hijack Justice System’
The bench cautioned that habitual offenders misuse procedural loopholes to derail trials. “Sometimes these hardened criminals tend to hijack the entire justice system and not allow conclusion of the trial. As a result, courts are under compulsion to grant them bail on ground of delay,” the judges remarked.
Bhati further explained that states must also participate since the power to establish such courts rests with them. However, Justice Surya Kant noted that the Centre could take the lead by providing financial assistance and seeking consent from high courts.
Funding and Infrastructure Proposal
The ASG placed details of a pending proposal before the bench, which includes an allocation of ₹1 crore as non-recurring expenditure and ₹60 lakh as recurring expenditure. States, meanwhile, would provide land and buildings for the courts.
Taking note of the submissions, the bench listed the matter for further hearing on October 14.
Previous Concerns on Delays
The issue gained prominence on July 18 when the Court criticized both the Centre and Maharashtra for delaying the establishment of NIA courts. The bench had warned that in the absence of dedicated courts, delays would compel the judiciary to grant bail.
The judges rejected Maharashtra’s move of merely designating existing courts as NIA courts, stating that such actions overburden judges already handling heavy caseloads. They stressed that undertrials and prisoners from weaker sections would be worst affected by prolonged delays.
Case Background
The observations came during the bail plea of Kailash Ramchandani, a Naxal sympathiser from Gadchiroli, arrested for his alleged role in a 2019 IED blast that killed 15 policemen.
The Court recalled its March 17 order rejecting his bail despite trial delays, while warning that failure to establish NIA courts could compel reconsideration. Maharashtra’s explanation of a redesignated court in Mumbai failed to convince the bench, which questioned the judge’s excessive workload.
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