Shahin Akhtar
The Supreme Court of India has expressed strong displeasure over the Government’s failure to establish Special Courts to handle terror-related cases under the National Investigation Agency (NIA) Act. A bench comprising Justices Surya Kant and Joymalya Bagchi criticized the Government for delaying trials, which may lead to accused individuals being granted bail in serious cases like terrorism.
The Court’s remarks came during a bail plea hearing filed by Kailash Ramachandani. The judges emphasized that the lack of Special Courts with requisite infrastructure is hindering speedy trials, forcing them to consider releasing under-trials on bail. “If the authorities fail to establish special courts…the Courts would invariably be without any option but to release under-trials on bail,” the bench warned.
The Supreme Court had previously asked the Government to explain the steps being taken to set up additional courts and provide necessary support. However, the Court was not satisfied with the progress, noting that no visible steps had been taken to establish exclusive special courts for NIA-related cases.
The judges rejected the Government’s attempt to designate existing courts as special courts, stating that this would not fulfill the legal requirements. “It goes without saying that it would require creation of posts in superior judicial services cadre and also post of requisite ministerial staff…None of those steps taken,” the bench observed.
The Court gave the Central Government and the State of Maharashtra a final opportunity to respond and take action. If exclusive special courts are not created, the Court will consider granting bail to the accused. The case has been listed for hearing on 04.09.2025.
The Supreme Court’s warning highlights the need for the Government to take concrete steps in establishing special courts to handle terror-related cases. The lack of infrastructure and resources is hindering the speedy trial of such cases, which may lead to accused individuals being granted bail. The Court’s remarks emphasize the importance of ensuring that the justice system is equipped to handle complex cases like terrorism effectively.
Case Name: Kailash Ramchandani v. State of Maharashtra & Anr.
Case Number: SLA(Crl.) 4276/2025
Bench: Justice Surya Kant and Justice Joymala Bagchi
Click here to access the order
Instagram: Click here
LinkedIn: Click here