Supreme Court Flags Delay in NIA Trials Due To Absence Of Special Courts, Warns Undertrials Will Have To Be Given Bail

The Supreme Court today warned the Union of India that if Special Courts with requisite infrastructure for expeditious trial in NIA cases are not set-up, Courts will be left with no option but to release undertrials on bail.

"If authorities fail to establish special courts with requisite infrastructure for purpose of conducting time-bound/expeditious trial under NIA  Act, the Courts would invariably be left with no option but to release undertrials on bail", said a bench of Justices Surya Kant and Joymalya Bagchi.

The Court was dealing with the case where it earlier emphasized the need to have dedicated courts to deal with trial of special cases under laws like the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organized Crime Act (MCOCA).

"For how long such suspects be kept in indefinite custody when there is no effective mechanism being provided to conclude trials in a time bound manner", the bench questioned.

In the facts of the particular case at hand, the Court added, "we are making it clear that if the Union of India and respondent-state government fail to establish exclusive special courts, the prayer of petitioner for release on bail shall be considered on merits on the next date. This will be the last opportunity".

Insofar as an impression was sought to be created that designation of an existing court as a special court under Section 11 of NIA Act would be sufficient compliance of what had been observed in the Court's previous order, the bench said,

"We outrightly reject such a plea being taken on behalf of respondents. The designation of an existing court or entrustment of exclusive trials under nia act to such designated courts would be at the cost of other court cases including 100s of undertrials languishing in jails, senior citizens, marginalized sections, marital disputes, etc."

The earlier order was passed, taking note of the slow pace of trials in special cases, including those investigated by the National Investigation Agency, due to Presiding Officers' occupation with other criminal and civil cases. On the said date, the Court underlined the dilemma presented when an undertrial in special cases is found to be languishing in jail since long without the trial even having commenced.

"In a situation where the under-trial is languishing in jail for years on one hand and on the other, the trial is yet to commence, there is a dilemma before the courts. The release or denial on bail is indirectly a breach of Article 21 of the Constitution", it said.

Story to be updated.

Case Title: KAILASH RAMCHANDANI v. STATE OF MAHARASHTRA, SLP(Crl) No. 4276/2025