The Supreme Court on Wednesday underlined the importance of setting up additional trial courts to strengthen the criminal justice system, stating that such a move would reduce the need for accused persons to approach the apex court for bail or speedy trial.
A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, made the remarks while hearing a bail plea in a case being investigated by the National Investigation Agency (NIA) concerning alleged links to the terrorist organisation ISIS.
CJI: More Courts Will Ease Burden, Speed Up Justice
“The idea is how do you make a robust mechanism that none of them are required to come to the courts? And that will happen when additional courts are set up,” observed CJI Surya Kant.
The bench asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre, to apprise it by February 10 on the progress in setting up a special court in the national capital to handle the case on a day-to-day basis. The suggestion for a dedicated trial court was first made by the court on January 6.
Case Involves Alleged ISIS Operative
The matter pertains to Md Heydaitullah, an MBA graduate working in Gurugram, who has been accused of spreading ISIS propaganda through Telegram groups, attempting to radicalise and recruit others, and inciting violence in the name of jihad.
According to the prosecution, Heydaitullah had taken an oath (Bayath) in the name of ISIS leaders Abu Bakr al-Baghdadi and Abu al-Hasan al-Hashimi al-Qurashi. He was arrested by the NIA in October 2022 following an FIR lodged in 2021.
The investigation allegedly revealed that he had circulated content advocating jihad, shared methods for preparing explosives, and transferred funds in support of ISIS activities. Various incriminating materials were recovered during the probe, including content promoting enmity against Hindus and material related to terrorist operations.
High Court Denied Bail, Called Accused ‘Active Supporter’
The Delhi High Court had earlier rejected Heydaitullah’s bail plea, observing that he was not a “passive” supporter of ISIS. The court held that his actions constituted clear support for a terrorist organisation and fell within the strict bail provisions under the Unlawful Activities Prevention Act (UAPA).
“The appellant admittedly in 2018 had taken an oath (Bayath) in the name of Abu Bakr al Baghdadi… Appellant is an educated person and was well aware of the nature of activities of ISIS,” the high court had stated.
Apex Court Links Delay in Trial with Bail Demands
CJI Surya Kant noted that prolonged trial delays often become valid grounds for seeking bail. “Inordinate delay in trial gives to legitimate submissions on behalf of the accused that he cannot be kept in custody for a longer period of time, that too without the trial,” the Chief Justice said.
The NIA has stated that at least 125 witnesses are to be examined in the case, further highlighting the need for an exclusive court to expedite the process.
The Supreme Court will next hear the matter on February 10, by which time the Centre is expected to report back on the feasibility and progress of setting up the proposed special court.
