Evan V

The Supreme Court of India on Tuesday directed the issuance of notice to the Chief Secretaries of 17 States/Union Territories to apprise the Court of the status of setting up Exclusive/Special Courts for trials investigated by the National Investigation Agency, in light of the growing pendency of such matters.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice N V Anjaria was seized of the issue concerning the creation of dedicated Special Courts for NIA trials, noting that backlog in district judiciary and inadequate availability of special courts under special statutes has contributed to trial delays.

Appearing for the Union, Additional Solicitor General Aishwarya Bhatti placed before the Court an update on steps taken toward the designation of exclusive courts for NIA matters. The Bench was informed that, as on January 7, the Union has issued norms for extending financial assistance of Rs. 1 crore per court toward recurring and non-recurring expenditure for establishing Exclusive Special Courts, on a reimbursement basis subject to actuals, for the concerned States.

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The Court was further apprised that there are currently 17 States/UTs where more than 10 NIA trials are pending. These include: Assam, Bihar, Chhattisgarh, Delhi, Gujarat, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Maharashtra, Manipur, Punjab, Tamil Nadu, West Bengal, Andhra Pradesh, Rajasthan and Telangana.

As per the status report referred to during the hearing, Delhi has the highest pendency among the identified jurisdictions (59 cases), while Manipur has the lowest pendency in the category (10 cases). The report also sets out the progress made by each concerned State/UT toward establishing or designating an exclusive NIA court.

In view of the above, the Bench directed the concerned States/UTs to place their responses on record by the next date of hearing. The Court’s order stated:

"Let notice be issued to all the 17 states mentioned in Annexure 9, where cases of more than 10 NIA trials are pending. Notice is to be sent to the respective Chief Secretaries of the States. The Ld Advocate Generals of the above-mentioned states are directed to remain present in the Court, maybe personally or through online."

The Bench also observed that the matter has a direct bearing on the integrity of the trial process, including issues relating to witness protection. The Chief Justice, recalling courtroom realities, noted that earlier practices included stringent control over witnesses during cross-examination to prevent influence. Counsel appearing with the ASG added that, at present, delaying the conclusion of trials is often adopted as a tactic to secure acquittals.

In the current position, the ASG submitted that the Court of District & Additional Sessions Judge-XV, Patna has been designated as an Exclusive Court for trial of NIA cases via Gazette Notification dated January 8, 2026, after approval by the competent authority, i.e., the Union Home Secretary.

The Bench was also informed that certain courts had already been designated as exclusive NIA courts in 2024, including:

• The Court of Additional Judicial Commissioner XVI, Ranchi;

• The NIA Court at Jammu, and

• The Court of Sessions at City Civil Court, Mumbai (Court No. 25).

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Further, the Government of Assam has sanctioned requisite posts for establishing an exclusive NIA court at Guwahati. In Manipur, the State Government and the Manipur High Court are yet to confirm which court will be designated as the special NIA court.

The status report also records that the Gujarat High Court has consented to the setting up/designation of a special court, and that as of January 2026 the Union Home Secretary has written to the Chief Secretary of Gujarat for immediate action on the proposal to designate the Court of Additional Principal Judge, City Civil Court, Ahmedabad as an Exclusive Court for NIA trials. A similar communication has been addressed to the Chief Secretary of Delhi seeking specification of the court proposed to be earmarked as the exclusive NIA court.

Case Title: MD HEYDAITULLAH Versus NATIONAL INVESTIGATION AGENCY 

Case No: SLP(Crl) No. 8799/2025