Lack of special NIA courts delaying trial, will be forced to grant bail in terror cases: Supreme Court

The Supreme Court on Friday frowned upon the failure by the government authorities to establish more special courts to try persons charged with terror related offences under the National Investigation Agency Act (NIA Act) [Kailash Ramchandani v. State of Maharashtra].

A Bench of Justices Surya Kant and Joymalya Bagchi said that dearth in adequate special NIA courts was leading to delay in trial and courts would have no option but to grant bail in cases in which trial is unduly delayed.

"If the authorities fail to establish special courts with requisite infrastructure to conduct time bound trials, the courts would invariably be without any option but to release undertrials on bail as how long can such suspects be kept behind bars when there is no mechanism for speedy trial and conclude the same in time bound manner," the Supreme Court said in its order.

The Court was hearing a bail plea filed by one Kailash Ramachandani.

On May 23, the Court had sought the response of the government to the plea.

In the order passed on May 23, the Court had said that trial in such cases should ideally take place on day-to-day basis.

It had further said that creation of additional courts, along with requisite infrastructure, is the domain of the executive and also a part of their policy decision, which can be taken in consultation with the Chief Justice of the High Court, after securing complete data regarding pendency of the trials in the State.

The Court had therefore, granted time to the government counsel to seek categorical instructions to address the issue of setting up of special Courts for speedy conclusion of trial for offences registered under the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organized Crime Act, 1999 (MCOCA).

When the matter was taken up for hearing today, the Bench noted that under secretary of NIA has filed an affidavit.

However, the Court observed that no effective or visible steps have been taken to conduct expeditious trials in matters being investigated by the NIA by setting up of exclusive special courts.

"You want prosecution under special acts also and yet no speedy trial for the accused," the Bench orally remarked.

The Court made it clear that designation of an existing court as special NIA court will not suffice.

"It goes without saying that it would require creation of posts in superior judicial services cadre and also post of requisite ministerial staff. The bail infrastructure would need suitable courtrooms. None of those steps taken. Contrary, an impression is being created that designation of an existing court as a special court as under section 11 of NIA Act 2008 would be following our earlier order. This is rejected," the Bench said in its order today.

The Court eventually granted one more opportunity to the Central government and the State of Maharashtra to respond to the plea.

"We had earlier stated that if exclusive special courts are not set up then prayer of petitioner to be released on bail shall be conducted on merits. List after 4 weeks. Last opportunity to Union of India and respondent-state," the Bench said.

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