The Supreme Court has expressed strong disapproval of the central government and the state government of Maharashtra for their failure to establish new infrastructure for special courts. The Court highlighted that instead of creating new dedicated courts, existing courts were being designated as special courts, leading to significant delays in the trials of various cases.
A bench of Justices Surya Kant and Joymalya Bagchi stressed the urgent need for creating new infrastructure, appointing judges and staff, and sanctioning government posts to establish dedicated special courts. The Court warned that if special courts with the necessary infrastructure for expeditious trials, particularly in cases under the National Investigation Agency (NIA) Act, are not set up, the courts would have no option but to release undertrials on bail.
The Supreme Court has previously emphasized the necessity of having dedicated courts to handle trials of special cases under laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organized Crime Act (MCOCA). The Court questioned how long suspects could be kept in custody indefinitely when there is no effective mechanism to conclude trials in a timely manner.
In a specific case before the Court, it was clarified that merely designating an existing court as a special court under Section 11 of the NIA Act would not be sufficient compliance with the Court's previous orders. The Court outrightly rejected such a plea, emphasizing the need for exclusive special courts.
The Supreme Court's concern extends to the burden placed on existing courts when they are assigned special cases in addition to their regular caseload. The Court has observed that cases entrusted to the NIA, for instance, often involve numerous witnesses, and trials do not progress at the required pace because presiding officers are occupied with other matters. The Court has suggested that the only appropriate course is to establish special courts where trials are conducted daily, focusing solely on cases related to specific statutes.
In May 2025, the Supreme Court underlined the need for dedicated courts for NIA cases and called for a "judicial audit" of laws enacted by the Centre and by the states. The Court noted that the decision to create additional courts and the necessary infrastructure falls within the policy domain of the executive branch, which should be taken in consultation with the chief justice of the high court, based on data of pending cases.
In a similar instance in 2018, the Supreme Court had pulled up the Centre for not furnishing details of Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) with criminal records. This observation was made during the hearing of a petition seeking the establishment of special courts to expedite criminal cases against lawmakers. The Court had previously asked the central government to consider legislating on the establishment of new fast-track courts for this purpose, empowering Parliament to create the necessary infrastructure for speedy disposal of cases against lawmakers.
