The Supreme Court said the time has come for setting up specialised courts to deal with complex economic and legal issues. It stressed that such cases require expert judicial minds for effective adjudication and faster delivery of justice.
The Supreme Court emphasized the necessity for “specialised courts” to handle complex economic and legal issues, advocating for expert scientific investigations involving finance and other relevant fields.
A bench consisting of Justices Surya Kant and Joymalya Bagchi was reviewing the bail application of businessman Suryakant Tiwari, implicated in the coal levy scam in Chhattisgarh.
The bench stated,
“Time has come for specialised courts which can adjudicate complex economic and legal issues. Judges once recruited should be trained enough to deal with such complex financial crimes and conclude the trial expeditiously. Those guilty should not be spared and they should be convicted expeditiously. Similarly, if anybody is innocent, he should be released expeditiously,”
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Addressing senior advocate Mahesh Jethmalani, representing the Chhattisgarh government, the bench remarked that judges do not operate in a vacuum and require competent prosecutors and investigators for “complete justice.”
They queried,
“Does your state have a dedicated investigation wing for financial crimes? You have an Economic Offence Wing department but you may not have forensic accountants, who can analyse the web of transactions. Normally, financial crimes are currently solved on the basis of confession and for confession, you need to put someone in jail and try to extract the information and prove the case.”
The bench further criticized the current investigative methods, questioning,
“Is this an archaic 19th century investigation? Look at the state of your investigation. Tomorrow, you will have offenses on the dark web, where transfer of funds will be through cryptocurrencies. Where is your capacity building in that area? Today, be thankful that the alleged bribe-takers took money in currency.”
Justice Kant pointed out that many states lack the financial resources to establish special courts for swift trials in serious offenses.
He noted,
“They don’t have funds to pay the salary. So dedicated courts for special laws are of least priority for them. Of course, the Union of India can help them and set up dedicated courts and therefore we have sought response from the Centre in a couple of matters on the issue.”
Regarding the imprisonment of accused individuals, the bench remarked that they are often jailed for appearances.
They highlighted the absence of witness protection programs in states, stating,
“The only way of protecting witnesses is to keep an accused in jail. Knowing technology today, the physical and spatial distance is of little consequence. There is hardly any state prosecuting agency which really invests its money, time, and energy to ensure an environment of safety and confidence in the witnesses. So what is the use of keeping an undertrial in jail and creating optics of prosecution?”
The bench further noted,
“You can ask your state how much money they have allocated for witness protection and the reply will be none…rather jails have become safe havens for these criminals to operate and they are operating from there. These jails are the safest place on earth for them now.”
Given that Tiwari had been incarcerated for over two years, with more than 300 witnesses to be examined, the Supreme Court deemed it appropriate to grant him bail.
Jethmalani, however, requested the cancellation of Tiwari’s bail in other cases, alleging attempts to influence witnesses.
The court suggested that instead of relying on a multitude of witnesses, the prosecution should have focused on scientific investigations to facilitate a more effective adjudication.
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Justice Kant warned that if the court mandated an expedited trial under these circumstances, both the prosecution and courts would face significant pressure, potentially leading to the dismissal of witnesses and jeopardizing the integrity of the prosecution’s case.
Recently, the Supreme Court directed Andhra Pradesh, Odisha, and Maharashtra to establish dedicated NIA and UAPA courts for the trial of offenses, including Naxal cases.
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