In a significant move to overhaul the pace of high-profile security trials, the Supreme Court of India on Friday directed the establishment of exclusive special courts to handle cases investigated by the National Investigation Agency (NIA). A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi ordered that these courts be set up within one month to address a mounting backlog of cases involving national security and narcotics.
The directive, issued during a suo motu hearing titled ‘In Re: creation of special exclusive courts’, aims to ensure that sensitive trials do not languish for years. The apex court has laid down a clear ratio for these new judicial bodies: at least one special court must be established for every 10 to 15 pending trials. Should the number of pending cases exceed 15 in a specific jurisdiction, the court mandated that two special courts be constituted.
The Supreme Court’s order is designed to eliminate the procedural delays that often plague NIA trials. Under the new guidelines, these exclusive courts are prohibited from taking up any other matters. Trials are to be conducted on a day-to-day basis, with the bench granting presiding officers the autonomy to schedule their lists, provided they aim to conclude at least one trial per month.
To facilitate this, the bench directed the Central Government to immediately consult with the Chief Justices of relevant High Courts to establish these exclusive venues under Section 11 of the NIA Act, 2008.
The bench also called upon State Governments to fulfill their roles in the judicial process. High Court Chief Justices have been requested to consult with states to secure the necessary physical space and infrastructure for these courts. This follows an earlier order where the court suggested the Centre provide ₹1 crore to each state and Union Territory to fund the establishment of courts dedicated to cases under the Unlawful Activities (Prevention) Act (UAPA) and the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
“Early disposal would balance the rights of the accused and victims both,” the bench highlighted, noting the dual importance of justice for the aggrieved and the fundamental rights of those awaiting trial.
While the immediate focus is on central agency probes, the court also addressed Section 22 of the Act, which pertains to states’ power to constitute special courts. The Advocate Generals of various states have been tasked with providing detailed data on pending UAPA and NDPS trials—whether handled by the NIA, state police, or the Narcotics Control Bureau (NCB)—to the Registrar Generals of their respective High Courts.
The matter originated from growing concerns over the “languishing” state of NIA trials across the country. The court has now posted the case for a follow-up hearing in July to monitor progress on these directives.
