SC pulls up Centre, Maha govt for not creating special courts

New Delhi: The Supreme Court on Friday pulled up the Centre and Maharashtra government for not creating courts for cases under special statutes concerned that courts will be forced to grant bail to accused.

The order of a bench of Justices Surya Kant and Joymalya Bagchi said, “If the authority fails to establish courts with requisite infrastructure for conducting speedy trial under the NIA Act and other special statutes, the court would invariably be forced to release the accused on bail, as there is no effective mechanism to conclude the trial in time bound manner.”

The bench told Additional Solicitor General Rajkumar Bhaskar Thakre, appearing for the Centre and Maharashtra government, designating the existing courts as special courts amounted to “coercing” the high court to relabel them.

“We are satisfied that no effective or visible steps have been taken to set up special courts for speedy trial in cases under NIA Act and other special statutes. It goes without saying that setting up of special courts would require creation of posts for superior judicial officers, staff, courtroom and basic amenities,” the bench said.

The bench said contrary to its orders, an impression was created that designation of existing court as special court under the NIA Act would be sufficient compliance of the directives.

“We are outrightly rejecting this plea taken by the respondents (Centre and the Maharashtra government,” the bench said, proposing if the high court chief justice had agreed to it, the court would call for an explanation.

The bench said designating courts as special courts or entrusting exclusive trial under the NIA Act and other special statutes to the existing courts would be at the cost of undertrials and prisoners of old age, marginalised sections of society, languishing in jails.

The top court passed the order on the bail plea of Kailash Ramchandani, a Naxal sympathiser from Gadchiroli in Maharashtra, who was booked after 15 policemen of a quick response team of state police were killed in an IED blast in 2019.

The top court recalled its earlier order of March 17 which rejected his bail plea filed on the ground of inordinate delay in conclusion of trial and said if the Centre and the state government failed to establish special court for trial of the NIA cases, his plea for relief should be considered on the next hearing.

“Last opportunity is granted to the Centre and the state government to take decision as per the observations made by the court,” the bench said and posted the matter after four weeks.

Thakre earlier submitted that a special court was designated in Mumbai for NIA cases with the high court’s approval.

The statement irked the bench, which questioned the ASG about cases the judge was already hearing when the court was designated as special NIA court.

“Why should it be done at the cost of other litigants? If you are bringing new statutes, you need to create adequate infrastructure and sanction posts in superior judicial services,” the bench said.

The top court asked not for “commitment” but “action from the government”.

The bench flagged the situation in tribunals where outsourced employees were employed by the government to man records “worth thousand of crores”.