Centre Agrees to Set Up Special NIA Courts in 17 States After Supreme Court Push
In a significant development aimed at expediting justice in terrorism-related cases, the Central government has agreed to establish at least one special court in each of the 17 states where more than 10 terror cases investigated by the National Investigation Agency (NIA) are pending. This decision comes following persistent prodding from the Supreme Court of India.
Financial Commitment and Practical Approach
Additional Solicitor General Aishwarya Bhati informed a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria that the Ministry of Home Affairs has committed to granting Rs 1 crore per court. This funding will cover both recurring and non-recurring expenditures, though it explicitly excludes costs related to land acquisition and construction.
The ministry has advised state governments against constructing separate court complexes for this purpose. Instead, in a practical move to accelerate implementation, it has suggested that states earmark one existing court to function exclusively as a special court for NIA cases. This approach aims to avoid delays associated with new infrastructure projects while ensuring dedicated judicial attention to these critical matters.
Judicial Emphasis on Timely Trials
Chief Justice Surya Kant emphasized the critical importance of establishing these special courts, noting that many "unfortunate incidents" continue to occur. He highlighted a fundamental legal dilemma: "Even though the crimes are serious, the accused cannot be kept in custody without trial, which gets delayed because existing courts with a backlog of cases are assigned NIA trials."
This judicial observation underscores the constitutional imperative of ensuring speedy trials while balancing the gravity of terrorism offenses with the rights of the accused. The backlog in regular courts has been identified as a primary bottleneck in the timely adjudication of NIA-investigated cases.
States Notified and Case Statistics
The Supreme Court bench has issued formal notices to the following 17 states where special NIA courts are to be established:
- Assam
- Bihar
- Chhattisgarh
- Delhi
- Gujarat
- Jammu & Kashmir
- Jharkhand
- Karnataka
- Kerala
- Maharashtra
- Manipur
- Punjab
- Tamil Nadu
- West Bengal
- Andhra Pradesh
- Rajasthan
- Telangana
Among these, Delhi stands out with the highest number of pending NIA cases at 59, highlighting the urgent need for dedicated judicial infrastructure in the national capital. The distribution of cases across these states reflects the widespread nature of terrorism-related investigations handled by the NIA.
This initiative represents a concerted effort by the judiciary and the executive to address systemic delays in terrorism trials. By creating specialized judicial forums with dedicated funding, the government aims to enhance the efficiency and effectiveness of the legal process in dealing with some of the most serious crimes against the state.
