The Supreme Court has directed all High Court Chief Justices to review long-pending cases under laws like UAPA and ensure speedy trials. The court said the State must support accused facing “reverse burden” laws and prevent unnecessary delays.
New Delhi: The Supreme Court on Thursday directed all High Court Chief Justices to check the status of long-pending trials under special laws such as the Unlawful Activities (Prevention) Act (UAPA), where the burden of proof is reversed and lies on the accused.
The bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh said that when the law puts extra responsibility on the accused, the State must ensure that their trials move forward quickly.
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The court also told the State Legal Services Authorities to inform every undertrial that they have a right to be represented by a lawyer—either a lawyer they choose themselves or a legal aid lawyer provided by the State. The court said that if an undertrial wants a legal aid lawyer, the appointment should be made quickly so the trial can start or continue without delays.
The bench stressed that when laws like UAPA put a reverse burden on the accused, the State must also ensure fast trials.
The court said,
“A constitutional democracy does not legitimise burdens by simply declaring them; it must ensure that those burdened are meaningfully equipped to bear them, even those who are accused of the worst offences imaginable.” It added, “If the State, in spite of all its might presumes guilt, then the same State must also, with the employment of all the resources at its command, create pathways through which the accused can reclaim their innocence.”
The Supreme Court further asked all High Court Chief Justices to find out how many special courts have been designated to hear UAPA and similar cases.
If no special courts exist, they must check how many sessions courts are handling these matters and whether the number is enough. If not, they must take up the issue with the concerned authorities for necessary action.
The bench said High Courts should also check whether the judicial officers posted in these courts and the staff strength are adequate. If there are shortages causing delays or adjournments, immediate steps should be taken to fill those gaps.
The Supreme Court directed that case lists should be arranged in the order in which cases were registered—oldest first.
It said,
“Requisite directions be issued to the special courts/sessions courts to take up the matters registered earliest, first, unless otherwise warranted.”
It also told the High Courts to check with the concerned authorities whether enough prosecutors or special public prosecutors are available for these trials. The bench said this must be ensured so that once hearings begin, they do not get delayed because of lack of prosecution lawyers.
The court said that cases pending for more than five years must be taken up with special care, and the trial courts should record in detail the past reasons for adjournments, avoid routine adjournments, and hear such matters on a day-to-day basis.
The order also said that the concerned High Courts must regularly seek reports from the trial courts handling these special law cases and address any administrative problems that may be slowing down proceedings.
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This, the bench said, is necessary to ensure smooth functioning of the judicial process.
These directions were issued while the Supreme Court was hearing the CBI’s appeal challenging the bail granted to certain accused in the 2010 Jnaneswari Express derailment case in West Midnapore, West Bengal.
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