The Supreme Court of India on Tuesday directed 17 states and union territories to assess and identify the number of special courts required to handle cases under anti-terror laws, particularly the Unlawful Activities (Prevention) Act. The court emphasised the need for dedicated judicial infrastructure to ensure that such cases are heard on a day-to-day basis and concluded within a strict timeframe of one year.
A bench led by Chief Justice Surya Kant highlighted the growing burden on the judiciary and called for systemic reforms to address delays in trial proceedings. The court noted that the existing framework is under strain and underscored the urgency of creating exclusive courts or revising current mechanisms to expedite cases involving serious national security concerns.
The directive came as part of a suo motu case initiated by the apex court to tackle the backlog of trials under special statutes such as UAPA and the Maharashtra Control of Organised Crime Act (MCOCA). The bench, which also included Justice Joymalya Bagchi, instructed state governments to submit their assessments within four weeks, along with a firm commitment that trials in such cases would be completed within the stipulated one-year period.
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In addition, the court called upon High Courts to ensure that adequate judicial and administrative staff are appointed for the effective functioning of these proposed special courts. It stressed that merely creating courts would not be sufficient unless they are supported by necessary infrastructure and personnel to handle complex and sensitive cases efficiently.
The court also issued directions to investigative agencies, including the National Investigation Agency and the Central Bureau of Investigation, to assign at least one dedicated public prosecutor to each special court. In cases of shortage, states and union territories have been asked to appoint Special Public Prosecutors in consultation with the respective High Courts.
As part of an interim measure, all 17 states and union territories agreed to establish at least one exclusive court as a pilot project to handle UAPA-related cases, with financial assistance to be provided by the central government. The move is expected to streamline the handling of anti-terror cases across the country and reflects the judiciary’s continued focus on ensuring timely justice in matters of national importance.
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