Identify, report how many special courts needed to complete UAPA trials in one year: SC to states, UTs

New Delhi: The Supreme Court on Tuesday directed all state governments and Union Territories to identify and report as to how many exclusive courts are needed to ensure that trials in UAPA cases are conducted on a day-to-day basis and completed under all circumstances within one year.

A bench of CJI Surya Kant and justice Joymalya Bagchi passed directions during the resumed hearing of a suo motu case over the creation of special courts to tackle pendency of trials under statutes like UAPA, MCOCA, etc.

"State govts shall identify how many exclusive courts are required to be established for conducting trials in UAPA-related matters on a day-to-day basis, with categorical commitment that each trial shall be completed in all circumstances within 1 year. After such evaluation, the viewpoint of states be placed on record within four weeks," the bench ordered.


In cases where there is a shortage of prosecutors, the bench directed the central and state governments to notify special public prosecutors in consultation with high courts. It observed that the views of the high courts are required on the issue and accordingly ordered issuance of notice to the registrars general of 17 states seeking their responses.

The bench also requested the high courts to take necessary steps to ensure the appointment of adequate court staff for effective functioning of the concerned courts. SC directed NIA, CBI and any other central or state investigating agencies to ensure that at least one dedicated public prosecutor is made available for each such court.

As a pilot project, keeping in view the commitment made by Union in its January office memorandum, all 17 states agreed that at least one exclusive court to deal with NIA/UAPA matters be established with financial assistance offered by Union. The bench ordered that a separate mechanism for evaluation of ACRs of presiding officers posted to the proposed NIA/UAPA courts be formulated in consultation with high courts as they will not be able to earn units in the traditional manner.