SC seeks response of 17 states on MHA's proposal to set up special NIA courts

New Delhi: The Supreme Court on Tuesday issued notices to 17 states, including Delhi, Gujarat and Maharashtra, to ensure the setting up of special NIA courts in states where 10 or more cases are pending trial under anti-terror laws.

A bench headed by Chief Justice of India Surya Kant sought responses from the states after the Union home ministry submitted a comprehensive status report, saying it has mooted a proposal to set up special courts in states where 10 or more cases probed by the National Investigation Agency are pending trial.

The bench, also comprising Justices Joymalya Bagchi and N V Anjaria, took note of the submissions of Additional Solicitor General Aishwarya Bhati, appearing for the Centre, that the Ministry of Home Affairs (MHA) has finalised norms to provide financial assistance for these special courts.

According to the MHA report, the Centre will provide a one-time grant of Rs 1 crore for non-recurring expenditure and Rs 1 crore per annum for recurring expenditure for each exclusive special court. These funds will cover infrastructure renovation, IT equipment, vehicles, and staff salaries, the report said.

Taking note of the submissions, the bench asked the chief secretaries of the 17 states to respond within three weeks to the report to formalise the setting up of the special courts to ensure speedy trial and justice in such cases. It said a delay in trial leads to injustice if an accused is acquitted after a prolonged trial.

The law officer also said that 16 special courts under different special laws are being established at the Rouse Avenue Court Complex in the national capital.

The report said these courts, dedicated to special statutes, including the NIA Act, UAPA, and NDPS, are expected to be ready for operation by April 2026. It said the Delhi High Court has confirmed that judicial officers from the Delhi Higher Judicial Service are available to preside over these courts.

The report said that in Bihar, the court of the District and Additional Sessions Judge-XV, Patna, was officially designated as an exclusive NIA court as per the January 8 notification. It also said that exclusive NIA courts have already been designated in Jammu and Ranchi.

In Maharashtra, the Court of Sessions at City Civil Court, Bombay, has been operationalised as an exclusive NIA court since March 2025, the report states.

It indicates that Delhi has the highest number of pending cases at 59, followed by Jammu and Kashmir (38), Assam (33), Gujarat (33), and Kerala (33).

The Supreme Court bench said it will hear aspects related to the setting up of other special courts after three weeks.

On December 16, 2025, the Centre told the top court that to ensure a speedy trial, it has decided to set up a dedicated NIA court in each state and Union territory and more than one court at places where there are over 10 cases under anti-terror laws.