The Supreme Court on Tuesday issued notices to 17 states, including Delhi, Gujarat, Maharashtra, Assam, and Kerala, directing them to respond within three weeks on the establishment of exclusive National Investigation Agency (NIA) courts in jurisdictions where 10 or more cases under anti-terror laws are pending.
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and N V Anjaria passed the order after examining a detailed status report submitted by the Union Ministry of Home Affairs (MHA). The report stated that the Centre has proposed setting up exclusive special courts for NIA trials in high-pendency states, backed by central funding support.
Appearing for the Union Government, Additional Solicitor General Aishwarya Bhati informed the court that the MHA has finalised norms to provide central assistance for the proposed special courts. As per the report:
- A one-time grant of ₹1 crore will be provided for non-recurring expenses like infrastructure renovation and IT equipment.
- An annual grant of ₹1 crore will cover recurring expenditures, including staff salaries and operational costs.
The report emphasised that these measures are aimed at ensuring speedy trials under anti-terror laws like the NIA Act, the Unlawful Activities (Prevention) Act (UAPA), and the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
According to the data submitted by the MHA, the following states have the highest number of pending NIA cases:
- Delhi – 59 cases
- Jammu & Kashmir – 38 cases
- Assam – 33 cases
- Gujarat – 33 cases
- Kerala – 33 cases
The court stressed the urgent need for institutional readiness, observing that prolonged trials could result in injustice if the accused are acquitted after years in custody.
The MHA report also noted developments already underway:
- Delhi: 16 special courts are being established at Rouse Avenue Court Complex and are expected to become operational by April 2026. The Delhi High Court has confirmed availability of judicial officers from the Delhi Higher Judicial Service to preside over them.
- Bihar: The court of District and Additional Sessions Judge-XV in Patna has been designated as an exclusive NIA court via notification dated January 8, 2026.
- Jammu and Ranchi: Exclusive NIA courts have already been designated.
- Maharashtra: The Sessions Court at City Civil Court, Bombay has functioned as an NIA court since March 2025.
Taking note of the Centre’s submission and the steps already taken, the bench directed the Chief Secretaries of the 17 states to submit their responses within three weeks.
The court said it will next take up the matter to consider further steps for establishing special NIA courts in other states after receiving the responses.
The bench had earlier, on December 16, 2025, noted the Centre’s assurance to set up dedicated NIA courts across all states and Union Territories, particularly in jurisdictions where case volumes exceed 10, to avoid systemic delays in sensitive anti-terror cases.
