[Long pendency of NIA cases] Delhi's Patiala House court to get three more courts to unburden existing judges

The Delhi High Court has decided to create three new Additional Sessions Judge (ASG) courts to deal with the long pendency of the cases investigated by the National Investigation Agency (NIA) [Manzer Imam v Union of India and Ors]..According to an affidavit filed by the Delhi High Court joint-registrar, the Administrative and General Supervision Committee of the High Court has resolved to create the three new courts in the Patiala House Court complex..The affidavit was filed before Justice Manoj Kumar Ohri who was hearing a petition dealing with the long pendency of cases in the special NIA courts as well as cases which are investigated by Delhi Police’s special cell and tried in other courts which results in inordinate delay.The affidavit stated that pendency of the cases before ASJ-02 and ASJ-03 courts in New Delhi District is high because of non-availability of court rooms for creation of additional courts in the Patiala House Court Complex.Therefore, the affidavit said that the committee has resolved to shift five courts of Metropolitan Magistrate (NI Act) to the Rouse Avenue Court Complex so that more ASJ Courts can be created in Patiala House Complex..The Court was informed that post shifting of the MM courts, three new ASJ courts (ASJ-05, ASJ-06 and ASJ-07) will be created in the New Delhi District and some of the cases from the two earlier courts will be withdrawn and distributed.“The Court of ASJ-02 shall continue to deal with fresh/pending cases filed in it being a Special Court under Section 22 of the National Investigation Agency Act, 2008… It shall continue to deal with all the pending cases under the Unlawful Activities Prevention Act (UAPA) as well as fresh such cases to be filed before it as per the existing practice,” the affidavit quoted the resolution.The affidavit further said,“Similarly, the court of ASJ-03 shall continue to deal with fresh/pending cases filed in it being a Special Court for the trial of Scheduled Offences investigated by the NIA… as well as cases under Maharashtra Control of Organized Crime Act, 1999.”All the other cases pending before the two courts will be immediately withdrawn and assigned to the nearly created ASJ courts by the Principal District and Sessions Judge, New Delhi who will also ensure equitable distribution, the affidavit said..The Delhi High Court, in December last year, had said that since getting bail in cases related to Unlawful Activities Prevention Act (UAPA) is a difficult task and many of the people charged are foreigners, it is paramount that these cases are investigated and tried expeditiously.The Delhi High Court’s affidavit had then revealed that there were only two judges to deal with nearly three dozen NIA cases in which the number accused ranged from four to 14 while the witnesses to be examined go from 100 to 500.Justice Mukta Gupta, who was dealing with the petition back then, had said that it is indeed for the Delhi High Court to consider whether more designated NIA court are needed and therefore directed the counsel appearing for the High Court to file a fresh affidavit indicating the steps that need to be taken to streamline the expeditious disposal of trial in UAPA cases..It is paramount that UAPA cases are investigated and tried expeditiously: Delhi High Court.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.