NIA to have dedicated court in each state UT

The Centre has decided to set up a dedicated NIA court in each state and union territory and more than one court at places having over 10 cases under anti-terror laws, the Supreme Court was informed on Tuesday.The Delhi Government told a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi that 16 special courts were being constituted in the national capital to deal with organised crime and terror cases. These courts will start functioning in three months, it was told. The Bench asked the Centre and the Delhi Government to explore the possibility of enacting a stringent anti-organised crime law such as MCOCA for the entire National Capital Region to avoid any jurisdictional conflict between different law enforcement agencies. Citing gangster Mahesh Khatri plea for bail on the ground of delayed trial, the CJI said hardened criminals involved in organised crime took undue advantage of the jurisdictional issues in NCR and evaded the law.

Sometimes the offence is generated in say A state, and the offender moves to B state. But which court or agency should take cognisance of the matter for prompt investigation, or which court shall have the competent jurisdiction itself becomes an issue in the criminal trial,” it said, while hearing bail pleas of Khatri and Kailash Ramchandani, a Naxal sympathiser from Gadchiroli in Maharashtra, booked after 15 policemen of a quick response team were killed in an IED blast in 2019.

While pointing to the multiple FIRs in the case of Khatri, the Bench told Additional Solicitors General Aishwarya Bhati (for the Centre) and SD Sanjay (representing Delhi Government) that they could explore the possibility of invoking of NIA Act in such cases, where there are multiple FIRs in different states.

He said NIA had the supervening power of taking over all investigation, particularly in respect of these organised crime brackets.

Bhati pointed to the status report of the Centre and said a virtual meeting of the Union Home Secretary was held with his counterparts of different states and it was agreed that additional infrastructure and post of judicial officers would be created to deal with NIA cases and for this funds would be allocated.

She submitted that the Centre had decided to set up NIA courts in each states and UTs and where there are more than 10 cases like in Kerala due to banned PFI-related cases, more than one NIA court will be there.

“I can say that Rs one crore for recurring and non-recurring expenditure has been proposed by the Centre for setting up additional NIA courts,” she submitted.

Sanjay, on the other hand, submitted that the 16 special courts that have been committed for trial of gangster and terror-related cases, would start functioning in three months.

The Bench said, “We want these dedicated courts to conduct day-to-day trials in NIA and special statute cases and would not hold trials for any other case. It is only when they are idle, they will look into other cases.”

CJI Kant said it should not be a case that existing courts were designated as special courts and burden the existing judicial machinery by entrusting special enactment cases.

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Courtesy: The Tribune -17-Dec-2025