The Supreme Court of India directed States to assess staffing for special NIA courts to ensure UAPA trials conclude within one year, with a bench led by Surya Kant stressing time-bound trial completion.
NEW DELHI: The Supreme Court has asked several States to estimate the staffing needed to ensure that special NIA courts conclude criminal trials under the Unlawful Activities (Prevention) Act, 1967 (UAPA) within one year
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued the direction while hearing a suo motu matter initiated last month to supervise the establishment of special courts to address the backlog of trials under special laws such as the UAPA.
The Court said,
“The State Governments must identify how many supporting staff are required to assist the exclusive NIA courts for conducting trials in relation to such matters on a day-to-day basis. There shall be a categorical commitment that each trial shall be completed within one year,”
The Court sought this information from 17 States that were served notice in the suo motu matter last month. These States were selected because the Court observed they each had 10 or more pending criminal trials in matters investigated by the National Investigation Agency (NIA).
The States are Assam, Bihar, Chhattisgarh, Delhi, Gujarat, Jammu & Kashmir, Jharkhand, Karnataka, Kerala, Maharashtra, Manipur, Punjab, Tamil Nadu, West Bengal, Andhra Pradesh, Rajasthan and Telangana.
The Court noted that the Central government had issued a memorandum dated January 7 outlining how States may be reimbursed for designating an existing court as a special NIA court to hear UAPA cases exclusively.
CJI Kant during the hearing observed,
“Should we now proceed on the basis that government is dedicated to allocate a specific portion of funds to set up exclusive NIA courts?”
“Yes,” assured Additional Solicitor General Aishwarya Bhati for the Centre.
The Court asked the Centre to implement its funding commitments and cautioned that allocated funds must not be diverted. It also observed that certain administrative officers create avoidable obstacles when releasing funds for courts.
CJI Kant said,
“These are not matters for us on judicial side. Centre should release funds for infrastructure purpose with a condition that it be used only for building it. When 60 percent was given.. Even then, thanks to some bureaucrats the money never lands with the judiciary,”
Accordingly, the Court asked the Centre to extend the necessary financial assistance to eligible States in accordance with its January memorandum.
The bench also flagged a recurring problem that judges appointed to special NIA courts handling UAPA trials often receive other case work as well.
The Court observed,
“As a result, they are not able to devote proper time for conclusion of trials under UAPA, etc. where a large number of witnesses are to be examined by the prosecution,”
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The Court emphasised that judges of NIA courts should not be saddled with additional matters. Noting earlier similar observations, the bench recorded that exclusive assignment would allow presiding officers to take up UAPA trials on a day-to-day basis.
The order stated,
“This Court, after taking cognizance of the situation, has indicated that NIA courts should exclusively deal with UAPA and other related trials, and such presiding officers shall not be entrusted with any other cases. That will facilitate and ensure that the presiding officers are able to take up UAPA trials on a day-to-day basis,”
The Court directed State governments, together with their High Courts, to appoint NIA court judges who will handle only UAPA/NIA matters. It also asked States to assess the staffing necessary to support those judges so trials can be completed within a year.
The Court added,
“After such evaluation, the proposal, along with the review from the State Governments, shall be placed before this Court within four weeks,”
Case Title: In Re: Creation of Special Exclusive Courts.
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