"Want Prosecution But No Speedy Trial": Top Court Raps Centre Over NIA Cases

In a stern warning to the Centre, the Supreme Court on Friday said it would release the undertrials charged by the National Investigation Agency (NIA) if special courts with requisite infrastructure are not set up for expeditious trial. 

A bench of Justices Surya Kant and Joymalya Bagchi questioned for how long will the undertrials be kept in custody and gave the Centre a "last opportunity" to set up special courts to tackle the cases.

"If the authorities fail to establish special courts with requisite infrastructure to conduct time bound trials, the courts would invariably be without any option but to release undertrials on bail as how long can such suspects be kept behind bars when there is no mechanism for speedy trial and conclude the same in time bound manner," a bench of Justices Surya Kant and Joymalya Bagchi said.

The court made the remarks while hearing the bail plea of one Kailash Ramachandani, an undertrial in an NIA case. On May 23, the court had sought the Centre's response, and said trial in such cases should ideally take place on a day-to-day basis.

It also emphasised the need to have dedicated courts to deal with trial of special cases under laws like the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organized Crime Act (MCOCA). On May 23, 

"For how long (should) such suspects be kept in indefinite custody when there is no effective mechanism being provided to conclude trials in a time bound manner," the bench questioned on Friday. 

The top court made it clear that "if the Union of India and respondent-state government fail to establish exclusive special courts, the prayer of petitioner for release on bail shall be considered on merits on the next date." "This will be the last opportunity," it said.

The top court took note of an affidavit filed by the secretary of NIA but said the document does not mention any effective or visible steps taken to conduct expeditious trials. 

"You want prosecution under special acts also and yet no speedy trial for the accused," the bench said.

"The designation of an existing court or entrustment of exclusive trials under NIA Act to such designated courts would be at the cost of other court cases, including 100s of undertrials languishing in jails, senior citizens, marginalized sections, marital disputes, etc," it added. 

Earlier, the top court said the release or denial of bail is indirectly a breach of Article 21 of the Constitution", it said.