Centre to Establish Dedicated NIA Courts in Every State to Expedite Terror-Related Trials

New Delhi: The Centre informed the Supreme Court on Tuesday that it plans to establish dedicated NIA courts in every state and Union territory to expedite trials in terror-related cases. In regions with over 10 cases under anti-terror laws, multiple courts will be set up.

Chief Justice Surya Kant and Justice Joymalya Bagchi were also notified by the Delhi government that 16 special courts are being established in the capital to handle organized crime and terrorism cases.

The Supreme Court suggested that the Centre and Delhi government consider implementing a stringent anti-organized crime law, similar to MCOCA, across the entire National Capital Region to eliminate jurisdictional conflicts between different law enforcement agencies.

CJI Kant highlighted the case of gangster Mahesh Khatri, who has multiple cases registered across different NCR areas and is seeking bail due to trial delays, noting that hardened criminals often exploit jurisdictional issues to evade justice.

"When an offense occurs in one state and the offender moves to another, determining which court or agency should handle the investigation or which courts have jurisdiction becomes problematic in criminal trials," the bench observed.

The court was addressing bail petitions from Khatri and Kailash Ramchandani, a Naxal sympathizer from Maharashtra's Gadchiroli who was charged after 15 policemen were killed in an IED blast in 2019.

The Chief Justice emphasized that these jurisdictional complications ultimately benefit hardened criminals, which is detrimental to society and national interests.

Justice Bagchi suggested to Additional Solicitor Generals Aishwarya Bhati and SD Sanjay that invoking the NIA Act might be appropriate in cases with multiple FIRs across different states, noting that the NIA possesses supervening power to take over investigations, particularly in organized crime cases.

Bhati referenced a status report indicating that a virtual meeting between the union home secretary and state counterparts had concluded with an agreement to develop additional infrastructure and judicial officer positions for NIA cases, with dedicated funding allocation.

She confirmed that the Centre has decided to establish NIA courts throughout all states and union territories, with additional courts planned for regions like Kerala, which has numerous cases related to the banned PFI. "The Centre has proposed Rs one crore for recurring and non-recurring expenditure for establishing additional NIA courts," she stated.

Sanjay added that the 16 special courts committed to gangster and terror-related trials will become operational within three months.

The bench emphasized, "We want these dedicated courts to conduct day-to-day trials in NIA and special statute cases and not handle other cases. Only when they are idle should they consider other matters." CJI Kant clarified that existing courts should not simply be designated as special courts, as this would overburden the current judicial system.

Both Bhati and Sanjay assured the court that additional infrastructure was being created rather than merely redesignating existing courts.

The Supreme Court directed both law officers to submit an action taken report and scheduled further hearings for January 2026.

In July, the court had criticized the Centre and Maharashtra government for designating existing courts as special courts rather than creating new ones dedicated to special cases.

The court had emphasized that using existing courts for NIA Act trials would delay cases involving undertrials already in jail for years, senior citizens, marginalized groups, and matrimonial disputes.

The Supreme Court had stressed the urgent need for enhanced infrastructure, judicial appointments, and staff positions with government sanction.

On May 23, the court had highlighted the necessity of dedicated courts for NIA cases while calling for a "judicial audit" of laws enacted by the Centre and prospective ones by states.

The court noted that NIA cases typically involve heinous crimes with nationwide implications and hundreds of witnesses, but trials progress slowly because presiding officers are occupied with other cases.

The Supreme Court concluded that the only appropriate solution is establishing special courts exclusively for cases related to special statutes, with day-to-day hearings.