Non-NIA cases transferred to other courts to expedite hearing of NIA cases in special courts, says report
Oct 20, 2022
New Delhi [India], October 21 : A report has been filed in the Delhi High Court stating that 452 non-NIA cases have been transferred to other courts from a special designated Court at Patiala House Court in order to expedite the hearing of NIA cases. The High Court in July 2022, had called for a status report on the progress of the NIA cases.
The report filed by the Delhi High Court stated that as on July 31, 2022, four NIA cases are pending before the Principal District and Sessions Judge Patiala House Court and 39 NIA trial cases are pending before the special designated NIA Court. One appeal is also pending before there.
The report also stated that 10 NIA cases have been transferred from the court of Principal District and Sessions Judge to the special NIA Court.
Since the special court was also dealing with other cases which were perhaps resulting in delays in the trial of NIA cases, the Delhi High court constituted three other courts in the rank of Additional District and Sessions Judge at Patiala House Court, the report submitted.
The non-NIA cases were transferred to these courts.
Justice Jasmeet Singh on July 15, 2022, issued directions to the Central Government and other respondents to file a further status report.
" Let the respondents file a further status report, indicating the progress of these cases within 4 weeks from today," the order of July 15 read
The bench had issued the direction on the plea of Manzer Imam who is an accused under the anti-terror law Unlawful Activities Prevention Act (UAPA).
His counsel submitted before the bench that now there are two designated Courts dealing with NIA-investigated schedule offences cases. However, the hearing is being done by only one Sessions Court.
Earlier, an affidavit was filed on behalf of the respondent Delhi High court mentioning the details of the cases pending before the two designated courts dealing with NIA.
The predecessor bench noted that it is evident from the affidavit that in each of the trials there are a number of accused ranging from 4 to 14 and witnesses nearing 100 to 500 and thus the trials take a considerably long time.
It was further noted that the offences being serious and many times involving foreign national's bail are not granted easily, thus it is paramount that offences under the UAPA whether investigated by the NIA or by the special cell are tried by the designated Courts expeditiously have no other matters listed before it so that the trials can be expedited.
The bench had directed that a further affidavit will be filed by the High court of Delhi indicating the steps to streamline expeditious trials in UAPA cases.
The present petition has raised two issues. Firstly, in view of the pendency before the special designated Courts dealing with NIA cases, other trials should not be listed due to which the NIA trials get delayed.
The second issue contended by the intervenor was that the besides the NIA, investigation into offences under UAPA is also conducted by the special cell and the trials in which charge sheets filed by the Special cell are before other courts which also deal with other trials resulting in a delay in the said trials.
Syed Mohd Zishan Ali, an accused in a UAPA case, had moved an intervention application.
The petitioner Manzer Imam had in 2021 moved the petition stating the delay in the trial for the reason only two Courts in Delhi have been notified as designated Courts for the trials under the UAPA thereby resulting in a delay in the trial.
He sought a direction to the respondents to ensure/notify that special courts under section 11 NIA Act in Delhi should deal exclusively with NIA-investigated scheduled offences so that trials can be expedited besides day-to-day hearings. The petitioner had also sought directions to the Special Court to conclude his trial on day to day basis.
