The Supreme Court on Thursday highlighted the urgent need for dedicated courts to handle cases under the National Investigation Agency (NIA) Act, cautioning that hardened criminals often attempt to “hijack” the judicial process and delay trials to secure bail.
A Bench of Justices Surya Kant and Joymalya Bagchi made the observations while hearing a bail plea in a case relating to the killing of 15 policemen in Gadchiroli, Maharashtra, in 2019.
The judges underscored that timely conclusion of trials in heinous offences was essential both for societal interests and to deter habitual offenders. “Sometimes these hardened criminals tend to hijack the entire justice system and not allow conclusion of the trial, as a result the courts are under compulsion to grant them bail on the ground of delay,” the Bench remarked.
The Court reminded the Centre that time-bound trials serve as a crucial safeguard against systemic abuse.
Additional Solicitor General Aishwarya Bhatti informed the Court that consultations with states were ongoing to set up dedicated NIA courts and that a decision would be taken soon. She explained that while the Centre could allocate funds, the states’ involvement was necessary since they control the establishment of such courts.
Justice Kant, however, suggested that the Centre could take the lead by ensuring budgetary allocation and high court consent, with states’ roles addressed subsequently.
Bhatti said a pending proposal included ₹1 crore as non-recurring expenditure and ₹60 lakh annually as recurring expenses, with states to bear costs for land and buildings.
The Supreme Court had earlier expressed dissatisfaction with the practice of designating existing courts as “special courts” for NIA matters, saying this compromised the rights of undertrials and marginalized prisoners awaiting justice. On July 18, it warned that without dedicated infrastructure, courts would be “invariably forced” to grant bail to accused persons due to prolonged delays.
The Bench reiterated that reassigning existing judges to special statutes amounted to “coercing” high courts to relabel them, undermining both efficiency and fairness.
The present observations arose from the bail plea of Kailash Ramchandani, a Naxal sympathiser accused in connection with the 2019 IED blast in Gadchiroli that killed 15 policemen. His earlier bail plea had been rejected on grounds of delay, but the top court had warned that continued inaction by the Centre and Maharashtra government could lead to reconsideration of his release.
The matter will now be heard on October 14.
