In a significant move to expedite trials in sensitive cases involving terrorism and organised crime, Delhi has become the first state in the country to operationalise a plan for setting up 16 exclusive fast-track special courts. These courts, to be located at the Rouse Avenue court complex, are expected to take over more than 100 pending cases under special statutes like the Unlawful Activities (Prevention) Act (UAPA), the National Investigation Agency (NIA) Act, and the Maharashtra Control of Organised Crime Act (MCOCA).
The Push for Speedier Justice
The initiative gains urgency as high-profile cases, including the Red Fort blast case, may be transferred to these new courts for a swift trial. Official sources indicate that these dedicated courts will primarily handle cases involving hardened criminals, professional gangsters, and terror accused. The core objective is to fast-track trials to avoid a scenario where accused individuals secure bail on the grounds of an inordinately delayed judicial process.
Currently, cases under the NIA Act and UAPA, which involve thousands of witnesses and approximately 500 accused across three existing courts, have suffered from protracted trials and frequent delays. The new system aims to free up the existing judicial machinery. "The dedicated courts will be manned by senior and experienced judges who don't get overawed. It will free up existing courts to ensure UAPA/NIA cases are not heard at the cost of other matters where hundreds of undertrials are languishing in jail," a source explained.
From Supreme Court Nod to Rapid Execution
The process was set into motion after the Supreme Court in September 2023 underscored the urgent need for special courts to expedite hearings in organised crime and terror cases, noting that bail is often sought on the ground of delayed trial. Following this, the Delhi government and the Delhi High Court engaged in a series of meetings in early December to finalise the plan.
On December 5, the High Court administration informed the Delhi government that it agreed in principle to spare judges for these special courts, subject to infrastructure availability. It was discovered that 34 courtrooms of various sizes, constructed as Digital NI Act courts, were lying unused at Rouse Avenue. The Chief Secretary subsequently requested the Public Works Department (PWD) to modify and expand 10-15 of these existing courtrooms to make them functional, along with judges' chambers and washrooms.
Approvals and Timelines
The High Court gave its formal approval five days later, after a crucial meeting in the chamber of Justice Jyoti Singh on December 9. The meeting, attended by top Delhi government officials and High Court judges overseeing the Rouse Avenue complex, discussed and approved the agenda to construct 16 new courtrooms and chambers on the seventh floor. A committee headed by Justice Singh, comprising Justices O P Shukla and Ajay Digpaul, is overseeing the project.
Subsequently, the Delhi government assured a Supreme Court bench headed by Chief Justice of India Surya Kant via an affidavit that the 16 dedicated special courts are being set up. The affidavit stated that the PWD informed the judges that construction would take at least three months but efforts would be made to hand over possession sooner. The HC committee stressed that since the matter is under the direct supervision of the Supreme Court, the work must be done on an "emergent basis."
The Supreme Court has consistently stressed the need for such dedicated courts across India, advocating for day-to-day trials in NIA and special statute cases. CJI Kant emphasised that existing courts should not merely be designated as special courts, as this would burden the current judicial machinery. In the last hearing, Additional Solicitor General S D Sanjay assured the bench of the Government of India's full commitment, citing a high-level meeting chaired by the Union Home Secretary with state officials to support the creation of such courts. The top court will review the matter again in January.
