The Supreme Court today directed the establishment of exclusive Special Courts under Section 11 of the National Investigation Agency Act, 2008, for conducting trials in NIA-investigated cases across the country and laid down broad criteria for the number of courts required based on the pendency of cases. The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi laid down broad criteria for the establishment of exclusive NIA Courts based on the pendency of trials and observed:
“It is made clear that there shall be at least one special court under Section 11 of the 2008 Act for 10 pending trials. If there are more than 15 trials pending under the jurisdictional High Court, in that case two courts shall be set up. Where such trials are more than 25, then three courts will be set up. The broad principle would remain one exclusive court for every 10 to 15 pending NIA trials.”
The Bench added that where pending trials exceed 15, two courts should be set up, and where they exceed 25, three courts may be required.
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During the hearing, the Court noted that while the Union Government had agreed to provide infrastructural and recurring financial assistance for courts handling NIA prosecutions under Section 11 of the NIA Act, data concerning cases prosecuted by State Governments under Section 22 was still being compiled. The Court accordingly directed that the exclusive Special Courts for Section 11 trials be set up within one month. The Court also directed High Courts to identify available infrastructure, including courtroom space, witness holding areas and additional facilities necessary for conducting such trials efficiently.
The Bench observed that dedicated courts were necessary to ensure day-to-day trials in serious offences investigated by the National Investigation Agency (NIA). Directing the Union Government and jurisdictional High Courts to coordinate for the establishment of the courts, the Bench stated:
“We make it clear that no other case shall be entrusted to these courts and all trials under Section 11 pending before such court shall be taken up on day-to-day basis.”
The Court separately expressed serious concern over the rise in NDPS-related cases and emphasised the need for stronger coordination between investigating agencies and State authorities. Observing the alarming impact of drug abuse, the Bench remarked:
“An old woman, more than 60 years, crying because she lost her fifth son to drug addiction… Look at the plight of that mother. And this is the second instance which has happened during the last two weeks. What the State is doing? … Today is not the occasion. I don’t want to comment on your police functioning. They need to be sensitised. Whom they are picking up and whom they are letting out is known to everyone. So please do something on this.”
The Court further observed that law enforcement agencies must focus on larger syndicates instead of merely targeting small offenders.
“These bigger sharks, those who are involved… instead of these small peddlers, you need to catch hold of these bigger sharks and, unfortunately, because influential people are involved. So they need to be immediately catch hold. Otherwise, the situation is going out of hand.”
The matter has been directed to be listed again for compliance and further consideration.