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Supreme Court Gives Centre, Maharashtra Four Weeks to Establish Special Courts

Justices Surya Kant and Joymalya Bagchi demanded a detailed plan for dedicated NIA, MCOCA and UAPA courts to prevent undertrials from being freed due to trial delays.

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The Centre’s proposal to simply designate existing courts to handle NIA cases, without creating exclusive courts, appointing new judges or provisioning dedicated infrastructure, drew sharp disapproval from the bench. (HT Photo)
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Overview

  • The Supreme Court granted the Centre and Maharashtra government a four-week ultimatum to submit proposals for exclusive special courts under the NIA Act, MCOCA and UAPA.
  • The bench rejected the mere redesignation of existing courts, insisting on new judicial posts, ministerial staff and purpose-built courtrooms.
  • Justices Surya Kant and Joymalya Bagchi warned that without concrete infrastructure, courts will be forced to grant bail to undertrial detainees on grounds of unreasonable delay.
  • The court highlighted that special-law cases involve complex evidence and hundreds of witnesses, making day-to-day hearings essential to avoid backlogs.
  • This order reinforces earlier March and May directives for a judicial audit and coordinated executive planning to uphold the right to speedy justice for undertrials.