The Supreme Court on Friday issued detailed guidelines aimed at accelerating trials conducted by special courts established under the National Investigation Agency (NIA) Act, emphasizing the need for dedicated resources and judicial focus on cases involving anti-terror legislation.
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed the creation of exclusive NIA courts to handle the growing backlog of trials under laws such as the Unlawful Activities (Prevention) Act. The court mandated the establishment of at least one dedicated NIA court for every 10 to 15 pending cases within the jurisdiction of a high court. In situations where the number of pending trials exceeds 15, two courts should be constituted, and when it surpasses 25, three courts must be set up.
The Supreme Court’s instructions arose from suo motu proceedings initiated in February to address delays in adjudicating cases under special legislation. The bench further directed that these exclusive courts should function with dedicated infrastructure, urging the Union government and the NIA to collaborate with high courts to provide adequate courtroom space and facilities. The ruling underscored the importance of courts operating uninterrupted, with trials progressing on a day-to-day basis, while also allowing judges discretion in scheduling, provided that at least one trial is concluded monthly.
The court referred explicitly to Section 11 of the NIA Act, which empowers the Central government to designate sessions courts as special NIA courts, reinforcing the need for clear administrative arrangements to facilitate their work.
In addition to infrastructure considerations, the Supreme Court highlighted the urgency of timely fund disbursement for building or upgrading court facilities. It cautioned that financial assistance from the Centre should be allocated specifically for necessary infrastructure supporting the trial process under the NIA Act and should extend not only to high courts but also to metropolitan and civil court complexes hosting these special courts.
Reiterating concerns raised in earlier hearings, the bench stressed that judges appointed to NIA courts should not be assigned unrelated judicial responsibilities that could detract from the efficient conduct of anti-terror cases. The court emphasized that focused judicial attention is critical to reducing delays and ensuring the prompt delivery of justice in sensitive matters involving national security.
