SC: Trials in UAPA cases must be completed in 1 year

NEW DELHI: Supreme Court on Tuesday said trials in UAPA cases investigated by National Investigation Agency must be concluded within one year by additional exclusive special courts to allay misgivings about long pendency and consequent denial of bail for years.

A bench of CJI Surya Kant and Justice Joymalya Bagchi said the Centre and states must take steps to depute a dedicated public prosecutor for these special courts to expedite pending trials.




Identify how many special NIA courts needed for speedy trial: SC to states

The advocates general of 17 states, where more than 10 cases are pending, expressing the willingness of each state to avail of the central funding to set up exclusive NIA courts.

“The state govts must identify how many such exclusive special courts are required to be established for trial of NIA-investigated cas-es on a day-to-day basis with a categorical commitment that each trial must be completed in all circumstances within a year,” the bench said.

Seeking the states’ response to this within four weeks, the bench asked the HCs to take necessary steps for adequate number of court staff for these special courts.

“The prosecuting agency, Centre and states must take steps to appoint a dedicated public prosecutor, and notify special PP where sufficient PPs are not available in the cadre, to each of these special courts,” the bench said.

Since the opinion of the HCs is required for some of the issues relating to establishment of special NIA courts, the registrars general will present their views before the court during the next date of hearing, it said.

Additional solicitor general Aishwarya Bhati informed that the ministry of home affairs has written to the states that “in view of the security concerns, it is not advisable to construct a separate court complex for this purpose. It is, however, suggested that state govts may earmark one existing court for setting up a special court, exclusively for trial of NIA cases”. Bhati also had informed the court about the central funding for setting up of NIA courts.

Delhi has the highest number of NIA cases pending at 59, followed by J&K (38), Assam, Kerala and Gujarat (33 each), Punjab and West Bengal (32 each), Jharkhand (28), Karnataka (27), TN (23), Telangana (22) and Maharashtra (21).

Bhati had informed the court that the Centre has taken a decision to grant Rs 1 crore one-time grant for establishment of special NIA courts and bear a recurring expenditure of Rs 1 crore annually.

Additional solicitor general S D Sanjay said the Narcotics Control Bureau is in the final stages of preparing a policy for establishment of special courts for cases under Narcotic Drugs and Psychotropic Substances Act. He said in Delhi 14 more special courts would come up in Rouse Avenue Court complex for MCOCA and UAPA cases.
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