The Supreme Court on Tuesday said that heinous cases are crimes against the nation and trials in these should conclude within six months, directing the Centre to present a concrete action plan within a month on setting up exclusive courts for this purpose .








A bench headed by justice Surya Kant said, "We want all trials in heinous cases to be completed in six months. The heinous offences which are a crime against the nation should be completed expeditiously so that no accused makes a hue and cry for bail."

The court was hearing two petitions, one from a Maoist sympathiser facing a probe by the National Investigation Agency (NIA) and the other a Delhi gangster , seeking bail citing long pendency of their trials.

The bench, also comprising justices Ujjal Bhuyan and N Kotiswar Singh said, "Once you set up exclusive courts, we will ensure these courts work, maybe even day and night."

The court posted the matter on December 16 after the two additional solicitor generals (ASG) , Aishwarya Bhati for the Centre and SD Sanjay for Delhi police said consultations in this regard have already begun and a final decision can be expected within a month.

The court further suggested that once these exclusive courts are set up for trying heinous offences, including those under special statutes such as Unlawful Activities Prevention Act (UAPA), the trial may be expedited by pruning the list of witnesses and recording their statements online.

"For proving one particular fact, why have 700 witnesses. This list itself is so exhaustive. Why have so many witnesses?" the court observed.

ASG Bhati said that these issues are being considered while ASG Sanjay admitted that the delay is occasioned by the court hearing the matter being burdened with cases under other special statutes as well.

"You come out with a clear, concrete action plan. We expect that by the next date, you will issue the necessary notification," the bench said.

In September, the court said that having time-bound trials in heinous cases will send a very good message to the society as hardened criminals think they can hijack the system, noting that since trials get delayed , courts are compelled to grant them bail.

The Centre has been holding talks with 11 states to establish dedicated special courts for trial of NIA cases following an order of the top court on July 18 warning the Centre and states that failure on their part to have these will leave the top court with no option but to grant bail to prisoners languishing in heinous offences registered under the NIA Act.

The observations of the court came while considering bail pleas of Kailash Ramchandani, an alleged Maoist sympathiser from Maharashtra's Gadchiroli district, booked under UAPA by NIA, and Mahesh Khatri, seeking bail under the Gangsters Act (he faces 55 other criminal cases, including heinous offences).



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