Trial proceedings under special statutes cannot be delayed due to the overwhelming pendency in regular courts, says Bench

The Union government informed the Supreme Court on Friday (September 12, 2025) that a high-level meeting will be scheduled with representatives of the various Central law enforcement agencies, Chief Secretaries and Home Secretaries of States for the setting up of exclusive courts to expeditiously try offences under special statutes, including the National Intelligence Agency and Unlawful Activities (Prevention) Acts.

A Bench of Justices Surya Kant and Joymalya Bagchi has made it clear that trial proceedings under special statutes cannot be delayed due to the overwhelming pendency in regular courts.

In a separate case, apex court, in July, had cautioned the Centre the judiciary would have no other choice but to release undertrials in NIA cases on bail if there were not enough courts for timely completion of trial.

Additional Solicitor General Aishwarya Bhati, for the Centre, had informed the top court that out of 52 designated courts, only three were exclusively trying NIA cases.

The court had previously highlighted that non-starter trials were mainly caused by existing courts being given the additional responsibility to double up as NIA and Special Courts.

“If authorities fail to establish the exclusive special courts with the pre-requisite infrastructure for the purpose of conducting time-bound or expeditious trials under the NIA Act, the courts would invariably be left with no alternative but release the undertrials on bail. After all, for how long can such individuals be kept in indefinite custody when no effective mechanism exists to ensure the timely conclusion of their trials?” Justice Kant had asked the Centre.