Supreme Court Suggests Increasing Cadre Strength, Engaging Retired Judges To Set Up More Special Courts For UAPA, MCOCA Cases

Again emphasizing on a need for dedicated courts for exclusive trial of cases under special statutes, the Supreme Court today suggested that there be an increase in cadre strength of judicial officers instead of earmarking of cases within existing strength as the latter would increase the burden on other courts.

A bench of Justices Surya Kant and Joymalya Bagchi was dealing with two cases citing delay in trial, one relating to NIA, when it conveyed its concerns to Additional Solicitor Generals Aishwarya Bhati and SD Sanjay.

In response to what was falling from the bench, the two ASGs assured that a joint meeting at the highest level will be held and a proposal with respect to establishment of exclusive courts to conduct expeditious trials under the special statutes shall be considered.

"Such meeting will be conducted at the level of the concerned Secretaries of the Government of India, Head of the Special Forces, including Delhi Police Commissioner and both the ld. ASGs may also be invited in the said meeting. Outcome be placed on record by way of a status report. Chief Secretaries and Home Secretaries of the state governments shall also be required to attend the meeting", the Court recorded in its order.

Justice Kant was particularly seen flagging a concern that perhaps the Union is asking the Chief Justices of High Courts to setup dedicated courts. However, if Chief Justices spare even 1 or 2 judges for exclusively dealing with heinous cases under UAPA, MCOCA, etc., that would be at the cost of other courts/cases. Instead, the cadre strength of the courts should be increased. "If there are 50 (judges), please make it 60, that is what we are wanting...let it be on a temporary cadre", said Justice Kant.

The judge added that need for such courts is not likely to ever completely go away as cases will keep coming up, but even if the need is eliminated, they can subsequently be assigned other cases. Insofar as NIA cases are concerned, Justice Bagchi also pointed out that Central government has independent power to setup courts, unlike other statutes.

Before adjourning the matter, Justice Kant suggested that the governments can consider hiring retired judicial officers with outstanding service records and good disposal of trials. "Age of 60 is hardly anything to sit at home..." remarked the judge, while noting that services of such retired officers are being utilized in Permanent Lok Adalats, etc. and their recruitment would also not be a challenging process.

It may be recalled that earlier as well, a bench led by Justice Kant emphasized the need to have dedicated courts to deal with trial of special cases under laws like the Unlawful Activities (Prevention) Act and the Maharashtra Control of Organized Crime Act. In July 2025, the Court 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. "For how long suspects can be kept in indefinite custody?", Court asked.

Earlier this month, the Court again underlined a need for timely completion of trials in heinous cases. On its part, NIA informed that it is holding consultations with States on constitution of dedicated NIA Courts and a positive decision may likely be reached soon. ASG Bhati submitted that the States will have to be take on board for the exercise, as the power of constitution of dedicated NIA Courts lies with them. In response, Justice Kant said, "you only commit that you will make necessary budgetary allocation" and conveyed that the role of High Courts and State governments can be dealt with later.

Today, Justice Kant conveyed similar sentiment in a different set of cases, saying that dedicated courts for trials in such cases would send a very strong message regarding society's commitment to rule of law.

Case Title: MAHESH KHATRI @ BHOLI Versus STATE NCT OF DELHI, SLP(Crl) No. 1422/2025 (and connected case)