'Alarming Rise' In NDPS Cases: SC Seeks 449 Special Courts

(MENAFN- Kashmir Observer) Srinagar- The Supreme Court on Monday directed the Centre, state governments and Union Territories to expedite the establishment of dedicated courts to deal with the“alarming rise” in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

A three-judge bench headed by Chief Justice Surya Kant was informed by Additional Solicitor General Aishwarya Bhati that 449 special courts were required across the country to effectively deal with NDPS cases, of which 176 were already functional.

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“It seems to us that owing to the present pendency of cases and the unfortunate, alarming increase in the cases under the NDPS Act, it is expedient and in the interest of justice that all required 449 courts are established at the earliest,” the bench, also comprising Justices Joymalya Bagchi and V Mohana, said.

The court directed the authorities concerned to take necessary steps and provide the required infrastructure for setting up the courts, preferably within six weeks.

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The apex court was hearing a suo motu case titled In Re: Creation of Special Exclusive Courts, initiated over concerns regarding delays in trials of cases involving national security and narcotics offences.

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The court was also informed about the status of special courts dealing exclusively with cases investigated by the National Investigation Agency (NIA).

Bhati said eight new NIA courts had been established across the country, taking the total number of such courts to 22.

The bench observed that the objective of its May 8 order, which directed that at least one special court be established for every 10 to 15 pending NIA trials, had been“largely achieved” with the cooperation of government authorities and high courts.

Counsels representing various states and high courts assured the court that additional NIA courts would be established in a time-bound manner.

Karnataka and Tamil Nadu said they would establish three and two NIA courts, respectively, within two weeks, while Kerala informed the court that two such courts would become operational within a month.

The bench directed Assam to expedite the establishment of two proposed NIA courts and make them operational within four weeks. One NIA court is already functional in the state.

West Bengal was directed to establish three additional NIA courts in addition to its two existing courts.

The counsel appearing for Jammu and Kashmir informed the court that four NIA courts were required in the Union Territory, of which one was already functional.

Uttarakhand informed the court that it has one NIA court but no pending cases, while Uttar Pradesh and Bihar have one and two NIA courts, respectively.

The Supreme Court had on April 20 sought details from all states and Union Territories regarding terror and narcotics cases being investigated by central and state agencies, including the NIA and Narcotics Control Bureau.

The court had also asked the Centre to consider providing Rs 1 crore each for establishing special courts in states and UTs to prosecute cases under the Unlawful Activities (Prevention) Act and the NDPS Act.

The bench has previously stressed that speedy disposal of such cases would help balance the rights of both accused persons and victims.

The proceedings originated from concerns that trials in NIA cases were remaining pending for several years.

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