In a significant move aimed at expediting the prosecution of gang-related crimes in the national capital, the Supreme Court on Thursday mooted the creation of fast-track courts (FTCs) in Delhi-NCR to deal exclusively with cases involving “professional” gangsters. The apex court directed the Centre and the Delhi government to prepare a comprehensive proposal within four weeks.
A bench comprising Justices Surya Kant and Joymalya Bagchi issued the directions while hearing a bail plea filed by Mahesh Khatri alias Bholi, an alleged hardened criminal facing 55 cases, many of which involve serious offences.
The bench observed that inordinate delays in trials were undermining the criminal justice system. The court was informed by the Delhi Police, in an affidavit, that 288 gangster-related cases are currently pending trial. Of these, only 108 have reached the charge-framing stage, and just 25% have moved to the prosecution evidence stage—the first step of trial. On average, it takes three to four years for cases to move beyond charge framing.
Highlighting the detrimental impact of these delays, the court noted that the right to a speedy trial is compromised and that delays enable gangsters to secure bail, potentially endangering public safety and witnesses.
“This week, we read an instance where a witness was murdered. Who is going to depose against gangsters? What is the protective cover that you give them? If you don’t protect them, public confidence in the criminal justice system gets affected,” the bench observed sharply.
Referring to the growing gangster menace in Delhi and adjoining regions, the court cited a recent case where a murder accused from Panipat was arrested in Ghaziabad. “They must be dealt with ruthlessly. We should not have any misplaced sympathy for them,” the court said.
The Delhi Police suggested establishing dedicated court complexes within jail premises to expedite trials and reduce security risks. They also pointed out that this would curb gangsters’ ability to create and share social media content while in transit between jail and court.
However, the Supreme Court emphasized that such measures require a holistic approach involving judicial manpower, infrastructure, and administrative will. “The Delhi High Court will not object to the establishment of dedicated courts, but such a step can only be taken if the Centre and the state resolve to implement a fast-track mechanism,” the bench remarked.
The court added the Union Government as a party to the case and tasked Additional Solicitor General (ASG) S.D. Sanjay, appearing for Delhi Police, to also represent the Centre and facilitate compliance with the court’s order. It said that the pending trials could be effectively concluded if an adequate number of FTCs are established and cases are distributed for daily hearings.
The court will hear the matter next after four weeks, with the expectation that the Centre and Delhi government will present a clear action plan.
