The Supreme Court on Thursday urged the Central and Delhi governments to seriously consider establishing dedicated courts for speedy trials of gangster-related cases in the national capital, citing alarming delays and rising threats to public safety.
A bench comprising Justices Surya Kant and Joymalya Bagchi, while hearing a bail plea of alleged hardened criminal Mahesh Khatri alias Bholi, expressed grave concern over the ineffectiveness of the current legal system in dealing with gangster cases. Khatri, reportedly involved in 55 criminal cases, has been convicted in only two.
The bench noted that existing trial courts are overburdened with a mix of cases under the Indian Penal Code (IPC), Narcotic Drugs and Psychotropic Substances (NDPS) Act, and the Prevention of Money Laundering Act (PMLA), leaving little room for prioritising trials of organized crime syndicates.
“Why doesn’t the Centre and Delhi government sit together and take a decision on setting up dedicated courts for gangster-related cases? Setting up special courts would result in speedy trial,” Justice Kant observed, addressing Additional Solicitor General S.D. Sanjay, who appeared for the Delhi government.
Drawing a parallel with fast-track courts established for heinous offences, the bench said similar infrastructure for gangster trials could prove transformative. “Fast track courts have given very encouraging results. We are talking of hardened criminals, not any stray incidents. Society needs to get rid of them. Rule of law has to prevail, and police need to be ruthless,” the court said.
The justices expressed dismay over the current backlog. According to the Delhi government’s own affidavit, of the 288 cases against gangsters, charges have been framed in only 108, and just 25 have reached the stage of examining prosecution witnesses. The court highlighted that in 180 cases, charges have not been framed at all — with a gap of 3–4 years often elapsing between charge-framing and witness examination.
Justice Kant warned that such delays encourage accused criminals to secure bail and subsequently abscond. “It’s a peculiar situation. Once out on bail, police may not be able to bring them back. They operate from anywhere, anytime,” he remarked, citing the recent arrest of a murder accused in Ghaziabad who had committed the crime six months earlier in Panipat.
Justice Bagchi criticised the lack of prioritisation, stating, “It has become a trend that all cases start with arrest and end with bail — with no conviction or acquittal.” He also noted that overburdened public prosecutors are unable to focus on cases under special laws, further hindering progress.
The court also stressed the importance of a robust witness protection mechanism. “Witnesses are the eyes and ears of the prosecution. If they are punctured, there can be no conviction,” Justice Bagchi said, underlining that witnesses must be protected without being effectively imprisoned themselves.
The Delhi High Court has reportedly expressed no objection to setting up such dedicated courts, but the initiative requires approval for additional judicial posts and supporting infrastructure.
The top court had previously raised the issue in April after being informed that 95 gangster groups were operating in the city. It noted that dreaded criminals were “misusing the judicial process” and exploiting delays to obtain bail.
Granting the authorities three weeks, the Supreme Court directed them to file a concrete proposal for the establishment of exclusive courts to expedite gangster trials and restore faith in the criminal justice system.
