The Supreme Court on Friday criticised the Centre and Maharashtra government for designating existing trial courts as “special courts” for cases under stringent laws like the NIA Act, MCOCA, and UAPA, instead of establishing new and exclusive courts for such matters.
A bench comprising Justices Surya Kant and Joymalya Bagchi issued a stern warning while hearing the bail plea of Kailash Ramchandani, an alleged Naxal sympathiser from Gadchiroli, Maharashtra, accused in a deadly 2019 IED blast that killed 15 policemen.
The court expressed serious concern over the current practice of repurposing regular courts to handle special cases. It observed that such a move hampers the swift resolution of other important matters involving undertrial prisoners, senior citizens, marginalised groups, and matrimonial disputes.
“If additional courts are not created, existing courts will be overburdened, and judges will be compelled to grant bail to accused persons under special statutes due to lack of speedy trial mechanisms,” the bench warned.
The judges emphasised that the urgent need is not merely designating courts but creating additional infrastructure, appointing judges, staff, and obtaining necessary government sanction for these posts.
Granting a final opportunity to the Centre and Maharashtra government, the bench directed them to come up with a comprehensive proposal for the creation of dedicated special courts under special laws, including the National Investigation Agency (NIA) Act, the Maharashtra Control of Organised Crime Act (MCOCA), and the Unlawful Activities (Prevention) Act (UAPA).
The court has given both governments four weeks to submit their response.
Earlier on May 23, the Supreme Court had already stressed the need for dedicated NIA courts and even proposed a “judicial audit” of special statutes passed by the Centre and states. It noted that NIA cases often involve hundreds of witnesses and have national implications, yet trials move at a snail’s pace because the presiding officers juggle multiple case categories.
The court reiterated that the only effective solution is to establish standalone special courts that hear only such sensitive cases on a day-to-day basis.
The matter will be taken up again after four weeks, following the governments’ submissions.
