Long Pendency Of NIA Cases In Special Courts: Delhi High Court Seeks Reasons For Delay In Trials By Dec 17

The Delhi High Court has granted further time to its Registry for filing response with regards to the pendency of NIA cases in designated special courts in the national capital along with the reason for delay in the trials in such cases.

The development came from the court of Justice Mukta Gupta while hearing a plea filed by an accused Manzer Imam who was in custody from last 8 years in connection with a NIA case. The case alleged that some members of Indian Mujahideen were conspiring to commit terrorist acts by allegedly targeting landmark places in India.

The Court had vide order dated September 15 had sought response from the Registry in the matter. 

Advocate Gaurav Aggarwal appearing for the Delhi High Court sought some time to file an affidavit in terms of the previous order. Accordingly, the Court ordered thus:

"The same be filed before the next date. List on 17th December, 2021."

Earlier, Aggarwal had apprised the Court that a total of two designated special courts are there in the Patiala House Court dealing with NIA cases presided over by a sessions judge and the district and sessions judge.

However, time was sought from the Court to ascertain if such NIA cases were not given adequate precedence in the special courts, thereby resulting in a delay in trials.

The Court had earlier sought response of the Centre, through Joint Secretary, Internal Security Division, Ministry Of Home Affairs; National Investigation Agency and the Delhi Government in the matter.

FIR was registered against Imam under relevant provisions of UAPA and IPC. He was arrested in the year 2013. The plea was therefore filed seeking directions that Special NIA Courts must deal exclusively with NIA investigated scheduled offences so that trials must be expeditiously heard by such courts.

Apart from seeking directions for expeditious hearings by Special NIA Courts, the petitioner also seeks directions to the Special Court for concluding his trial on day-to-day basis.

Case Title: MANZER IMAM v. UOI, THROUGH JT. SECRETARY, INTERNAL SECURITY DIVISION, MINISTRY OF HOME AFFAIRS & ORS