SC Links Bail Challenge of Alleged ISIS Operative With Systemic Delays in NIA Trials, Seeks Plan for Special Courts

The Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi took up the matter, which arose from an NIA case alleging online radicalisation and recruitment activities.

Appearing for the NIA, Additional Solicitor General (ASG) Aishwarya Bhati addressed the court on issues concerning the pace and efficiency of trials under the anti-terror law framework.

The hearing, however, expanded beyond the individual bail plea to a broader concern over systemic delays in NIA prosecutions and the lack of adequate judicial infrastructure to handle such cases.

During the hearing, the CJI observed that the real challenge lay in building a robust institutional mechanism that would reduce the need for repeated physical production of accused persons before courts. He noted that such efficiency could only be achieved if additional courts were set up to exclusively deal with NIA cases.

“The idea is how do you make a robust mechanism that none of them are required to come to the courts. That will happen when additional courts are set up,” the CJI remarked.

The Bench also indicated that structural reforms could be expedited if there was clarity and commitment at the administrative level. The CJI suggested that if the authorities could formalise a clear position by February 10 on whether sanction alone was sufficient to operationalise new courts, High Courts could then proceed with recruitment and appointments.

“By 10 February, if you can formalise some commitment… if the fact that a sanction is sufficient, then the High Court can go for recruitment,” the CJI said, stressing the need for coordination between the executive and the judiciary to address mounting pendency.

In view of the wider implications, the Bench directed that the bail matter be listed on February 10, 2026, along with a pending suo motu case concerning delays in NIA trials and matters relating to MP-MLA courts.

The Delhi High Court in January 2025, had dismissed an appeal filed by Md Heydaitullah challenging the order of the Trial Court dismissing his bail application. As Per the National Investigating Agency, the appellant conspired to ‘establish Sharia law in India under the flag of ISIS by waging Jihad’. The bench of Justice Pratibha M Singh and Justice Amit Sharma, referring to the appellant’s chats on various online groups had noted that “it is not a case of passive support to a terrorist organisation, but rather the chats, as highlighted hereinabove, show that the Appellant was advocating Jihad in order to establish Khilafat (“Caliphate)”.