Delhi Gangster Trials: Supreme Court Seeks Urgent Reforms for Fast Disposal

The Bench of Justices Surya Kant, Ujjal Bhuyan, and NK Singh expressed concern over delays in cases involving serious offences investigated under laws such as the NIA Act, NDPS Act, and UAPA.

During the hearing, Justice Kant said the justice system must be equipped to deliver swift outcomes in such sensitive matters. He emphasised that the trials should be completed within six months. He added that the question of granting bail during this period should not arise at all if the trial proceeds as required.

The Court noted that prolonged pendency in these cases undermines the purpose of stringent criminal statutes and affects both the prosecution and the accused. It pressed for a “committed system” to ensure that the trial process is not allowed to drift.

The Additional Solicitor General assured the Bench that the government has already initiated steps to address the issue and that the ongoing process will be expedited.

The Court recorded the ASG’s statement and noted that a concrete decision is expected by next week.

The matter will be taken up after the government submits its position on the feasibility of establishing dedicated courts or adopting other measures to ensure timely disposal.

Previosuly, in September, the Apex Court had suggested that instead of earmarking cases within the existing judicial strength, the Union Government should consider increasing the cadre of judicial officers to handle such matters. The Court observed that diverting sitting judges exclusively for trials under laws such as the Unlawful Activities (Prevention) Act (UAPA) and Maharashtra Control of Organized Crime Act (MCOCA) would adversely affect the functioning of other courts.

It was hearing two cases highlighting pendency and prolonged custody of undertrials, including one involving the National Investigation Agency (NIA). During the proceedings, the Bench had expressed concern to Additional Solicitor Generals Aishwarya Bhati and S.D. Sanjay over systemic delays in conducting trials under special statutes.

In response, both law officers assured the Court that a joint meeting at the highest level would be convened to explore the establishment of exclusive courts for such trials. They further submitted that the proposal would involve officials of the Union Government, heads of special forces, including the Delhi Police Commissioner, and participation of both ASGs.

Recording this assurance, the Bench directed that the outcome of such deliberations be placed before it in the form of a status report.

The Court also required Chief Secretaries and Home Secretaries of the State governments to participate in the meeting.

“If there are 50 judges, please make it 60. That is what we are wanting…let it be on a temporary cadre,” Justice Kant had remarked, emphasizing the need to strengthen judicial manpower instead of reallocating existing strength.

He had further observed that the need for such dedicated courts is unlikely to ever vanish, given the continuous registration of such cases. Even if at a later stage the requirement diminishes, those courts could be reassigned to handle other categories of cases.

Justice Bagchi, concurring with the approach had noted that insofar as NIA cases are concerned, the Central Government itself has independent power to establish special courts, unlike some other statutes where such powers lie with the States.

Before adjourning the matter, Justice Kant had suggested that governments may also explore appointing retired judicial officers with proven service records and strong trial disposal rates. “Age of 60 is hardly anything to sit at home,” he remarked, noting that retired officers are already being engaged in Permanent Lok Adalats and similar forums, and their recruitment for dedicated courts would not be administratively challenging.

This is not the first time the Supreme Court has flagged the issue. In July 2025, a Bench led by Justice Kant had conveyed to the Union of India that unless special courts with requisite infrastructure for expeditious trial of NIA cases are established, courts may be compelled to release undertrials on bail. “For how long can suspects be kept in indefinite custody?” the Court had asked then, underscoring the constitutional mandate under Article 21.

Hearing Date: November 18, 2025

Bench: Justices Surya Kant, Ujjal Bhuyan and NK Singh