3 new courts set up to expedite hearings

New Delhi: The Delhi High Court has resolved to withdraw all other cases being heard by the two special designated National Investigation Agency (NIA) courts and assign them to three newly created courts of additional sessions judge (ASJ) in view of the long pendency of these cases in the Capital.

In an affidavit filed on a petition by a UAPA accused seeking a day-to-day hearing in his case pending before a special NIA court, the high court administration has said that it's Administrative and General Supervision Committee has resolved that the withdrawn cases from ASJ-02 and ASJ-03, which are the designated courts in New Delhi District, shall be assigned to the new ASJ courts by the concerned Principal District and Sessions Judge.

Considering that the pendency in the courts in New Delhi District including the court of ASJ-02 and ASJ 03 is high because of non-availability of courtrooms for creation of additional courts in the Patiala House Court Complex, it is resolved that the 5 courts of MM (NI Act) in the said District be shifted to the Rouse Avenue Court Complex, to enable the creation of more ASJ courts, the affidavit informed.

The affidavit stated that to accommodate the newly established ASJ courts, five metropolitan courts would be shifted to Rouse Avenue Court Complex and the same has been approved by the Full Court and that the matter regarding the posting of judicial officers in the newly created courts of ASJ-05, ASJ-06 and ASJ-07 is already under process.

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, said the resolution mentioned in the affidavit filed by the joint registrar of the high court.

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, it added.

The affidavit further informed that the Principal District and Sessions Judge, who is also a designated court, shall also transfer the pending cases under the NIA Act to the court of ASJ-03 to facilitate their expeditious disposal.

All other cases pending before the said two courts of ASJ-02 and ASJ-03 be immediately withdrawn and be assigned to the newly created ASJ courts by the Principal District and Sessions Judge, New Delhi while ensuring equitable distribution, it added.

It also said that one of the new ASJ courts would be additionally designated as the Special Court under the SC/ST Act and the SEBI Act as well as designated court try sessions to cases investigated by Special Cell, Delhi Police.

In December last year, the high court had said that it was paramount that cases under the UAPA are tried expeditiously and it was for the high court authorities to consider the issue and make appropriate recommendations for establishing exclusive courts for

their trial.

In September, the high court administration had stated that as on July 31, a total of 37 NIA cases were pending before the two designated courts in the Patiala House Court complex here i.e. a sessions judge and the district & sessions judge, in which over 140 people had been arrested and over 3,800 witnesses had been cited.