The Supreme Court has strongly criticised delays in gangster trials, saying special courts handling serious offences must function like hospital emergency wards. The court flagged jurisdictional loopholes in the NCR that allow hardened criminals to exploit the system.
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NEW DELHI: The Supreme Court of India has expressed serious concern over the inordinate delay in criminal trials involving alleged gangsters in Delhi, particularly those exploiting jurisdictional loopholes across the National Capital Region (NCR). The observations came during a hearing before a Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymala Bagchi.
During the hearing, CJI Surya Kant highlighted the need for exclusive and fast-track functioning of special courts, especially in cases under stringent central laws such as the Unlawful Activities (Prevention) Act (UAPA) and the National Investigation Agency (NIA) Act.
“Such courts should function like an emergency ward in a hospital. When an NIA or UAPA trial is listed, only that case should proceed,”
the CJI remarked.
He added that when no such matters are listed, these courts could take up regular civil and criminal cases to ensure optimal judicial efficiency.
Appearing for the Union government, Additional Solicitor General (ASG) Aishwarya Bhati informed the Court that a status report along with minutes of meetings approved by the Home Secretary had been placed on record.
She stated that the Centre has identified States with more than 10 pending NIA trials, including Kerala and Bihar, where several cases are linked to the Popular Front of India (PFI). Draft norms and official correspondence were also annexed, and the Centre offered to file an action taken report.
However, the Bench expressed displeasure over the Home Secretary asking States to take up the issue with their respective High Courts.
“We do not appreciate the Home Secretary asking States to take up the issue with the High Courts,”
the CJI said, signalling that systemic delays require structural solutions rather than administrative passing of responsibility.
A major focus of the hearing was how hardened criminals exploit jurisdictional boundaries within the NCR.
“These criminals commit an offence in Delhi, move to Gurgaon, then to Ghaziabad, and return to Delhi,”
observed CJI Surya Kant.
The Court questioned why legislation similar to the Maharashtra Control of Organised Crime Act (MCOCA) could not be introduced to cover the entire NCR, even though MCOCA already applies to Delhi.
The Bench suggested that jurisdictional clarity across Delhi, Haryana, and Uttar Pradesh could prevent accused persons from gaining procedural advantages.
“Why should hardened criminals gain an advantage merely on jurisdictional grounds?”
the CJI asked.
The Court floated the idea of strategically locating special courts, for instance:
- NIA courts in Delhi
- PMLA courts in Noida
- Other special courts in Gurgaon
Such a distribution, the Court noted, could ensure fair workload management and speedy trials.
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Summing up the concern, CJI Surya Kant highlighted that in serious offences under central penal laws, the issue of jurisdiction often becomes entangled with the merits of the criminal trial, ultimately favouring the accused.
“This appears to be an issue that needs consideration for an effective legal framework, even while working within the existing legal architecture,”
he observed.
Case Title:
Mahesh Khatri @ Bholi v. State (NCT of Delhi)
SLP (Crl.) No. 1422/2025
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