Seeks Centre and Maharashtra’s Response Within Two Weeks
New Delhi, May 12 — The Supreme Court has called on the Centre and state governments to establish special courts with adequate infrastructure to ensure the speedy trial of cases under stringent laws, emphasizing that the objective of such statutes cannot be achieved without dedicated judicial mechanisms.The directive came during a bail hearing of Kailash Ramchandani, an alleged Naxal sympathiser from Maharashtra’s Gadchiroli, who was arrested in connection with a 2019 blast that claimed the lives of 15 police personnel from a quick response team.
“Where Are the Courts and Judges?” Asks Supreme Court
A bench of Justices Surya Kant and N Kotiswar Singh observed in its May 9 order that cases under special laws like the Unlawful Activities (Prevention) Act (UAPA) and Maharashtra Control of Organised Crime Act (MCOCA) demand timely adjudication. The judges questioned how expeditious trials could be conducted when existing judges are already overburdened.“We are very clear in our minds—if you want to prosecute under special laws, then first create adequate judicial infrastructure and appoint judges,” said Justice Kant. He also stressed the need for conducting a judicial impact assessment of special laws to evaluate their real-world implications on the justice system.
Centre Seeks Time to Respond
Additional Solicitor General Rajkumar Bhaskar Thakre, appearing for the National Investigation Agency (NIA), informed the court that a proposal for establishing special courts was pending with the government. However, the bench asked why Maharashtra had not provided a dedicated court for such sensitive cases, considering their serious ramifications.Granting two weeks’ time to the Centre and the state to respond, the court posted the matter for hearing on May 23.
Accused Seeks Bail Over Delay in Trial
The Supreme Court was hearing the bail plea of Ramchandani, whose application had earlier been rejected by the Bombay High Court on March 5, 2024. He has been in jail since 2019, with charges yet to be framed. His plea noted that some co-accused in the case had already been granted bail.The high court had recorded that Ramchandani was booked under multiple laws including the Indian Penal Code, Arms Act, Maharashtra Police Act, MCOCA, and UAPA. The incident, which took place on May 1, 2019, involved a landmine blast on the Kurkheda-Purada Road in Gadchiroli.
High Court Cites Gravity of Offence
While acknowledging the trial delay, the Bombay High Court maintained that such delay alone could not justify bail in grave offences. The court said the evidence indicated Ramchandani’s alleged involvement in the conspiracy, including providing critical information to co-accused and maintaining links with Naxals.“It is evident that mere delay in the trial pertaining to grave offences, by itself cannot be a ground to enlarge an accused on bail, dehors the facts,” the order stated.
The matter remains under consideration as the apex court awaits the government’s stance on establishing special courts to handle such sensitive cases efficiently.