Long Pendency Of NIA Cases: Patiala House Court To Have Three New ASJ Courts To Unburden Special Courts

In order to deal with long pendency of cases under the National Investigation Agency (NIA) Act, the Delhi High Court has been informed that three new Additional Session Judge (ASJ) Courts will be constituted in Patiala House Court for assigning and distribution of other pending cases before two designated special courts.

In the additional affidavit filed on behalf of the Registrar of High Court, it has been stated that its Administrative and General Supervision Committee has resolved that five Courts of MM (NI Act) in the Patiala House Court will be shifted to the Rouse Avenue Court Complex, to enable creation of more ASJ courts.

"Considering that the pendency in the courts in New Delhi District including the court of ASJ-02 and ASJ 03 is high because of non-availability of court rooms for creation of additional courts in the Patiala House Court Complex, it is resolved that the 5 courts of MM (NI Act) in the said District be shifted to the Rouse Avenue Court Complex, to enable creation of more ASJ courts. The place of sitting of the said 5 courts of MM (NIA Act) shall be the Rouse Avenue Court Complex. However, these 5 courts shall continue to be under the administrative control and jurisdiction of the New Delhi District," the affidavit reads.

The development came after the High Court directed its Registry to indicate the steps taken in order to streamline expeditious disposal of trials in Unlawful Activities (Prevention) Act cases pending before Special Designated Courts.

The affidavit therefore states that after shifting of the five courts of MM (NI Act) to the Rouse Avenue Court Complex, three new ASJ courts will be created in the New Delhi District and the cases will be withdrawn, allocated and distributed in the following manner:

- The two special designated Courts in Patiala House Court shall continue to deal with fresh or pending cases under the Unlawful Activities Prevention Act (ASJ 02) and for the trial of Scheduled Offences investigated by the NIA well as cases under Maharashtra Control of Organized Crime Act, 1999 (ASJ 03) respectively.

- All other cases pending before the said two courts of ASJ-02 and ASJ-03 be immediately withdrawn and be assigned to the newly created ASJ courts by the Principal District and Sessions Judge, New Delhi while ensuring equitable distribution.

- The new court of ASJ-05 be additionally designated as the Special Court under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and the Securities and Exchange Board of India Act as well as designated court to try sessions cases investigated by Special Cell, Delhi Police (other than those offences as mentioned in schedule of NIA Act 2008 which shall be triable by the two special designated courts only).

- The Principal District and Sessions Judge, New Delhi District shall transfer such number of cases under the NIA Act pending before it to the court of ASJ-03 so as to facilitate their expeditious disposal.

In this backdrop, the affidavit thus states that the recommendation regarding shifting of five Courts of MM (NI Act) to the Rouse Avenue Court has also been approved by the Full Court in its meeting held on February 9.

"Accordingly, in compliance of directions of Hon'ble the Chief Justice, a notification dated 14.02.2022 regarding shifting of 5 courts of MM (NI Act) from Patiala House Courts Complex to the Rouse Avenue Court Complex w.e.f. 02.03.2022, has also been issued by the High Court," the affidavit reads.

It adds "Further, the matter regarding posting of officers of DHJS in the newly created courts of ASJ-05, ASJ-06 and ASJ-07 in New Delhi District as well as rationalization of work and utilization of 2 Court Rooms, post shifting of 5 courts of MM (NI Act) to the Rouse Avenue Courts Complex, is already under submission, for placing the same before the Hon'ble Transfer Committee in terms of the Minutes of Administrative Committee."

The plea filed by an accused Manzer Imam who was in custody from last 8 years in connection with a NIA case. It was 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 sought response from the Registry 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.

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.

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