Institute of Legal and Management Studies

The Supreme Court recently 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).

The Court made this observation after noticing the delay in "hundreds of cases" under such special statutes.

"The most effective recourse [to address delay in trials] can be the establishment of dedicated courts to whom the trials under the special statutes can be entrusted, without giving them any other civil or criminal cases. Ideally, the trial should take place on a day-to-day basis", the Court said.

Since the setting up of additional Courts is a policy decision lying in the Executive domain, the Court gave Additional Solicitor General Raja Thakre 4 weeks' time to obtain instructions.

"Creation of additional courts, along with requisite infrastructure, is the domain of the Executive and also a part of their policy decision, which can be taken in consultation with the Chief Justice of the High Court, after securing complete data regarding pendency of the trials in the State."

A bench of Justices Surya Kant and N Kotiswar Singh passed the order, taking note of the slow pace of trials in special cases, including those investigated by the National Investigation Agency, due to Presiding Officers' occupation with other criminal and civil cases.

The Court further underlined the dilemma presented when an undertrial in special cases is found to be languishing in jail since long without the trial even having commenced. "In a situation where the under-trial is languishing in jail for years on one hand and on the other, the trial is yet to commence, there is a dilemma before the courts. The release or denial on bail is indirectly a breach of Article 21 of the Constitution."

It was also opined that due to a lack of judicial audit of such matters, the trials in heinous offences, involving hundreds of witnesses, have cast an enormous burden on the system.

Case Title: KAILASH RAMCHANDANI v. STATE OF MAHARASHTRA, SLP(Crl) No. 4276/2025

Click here to read the order