SC moots fast-track courts for criminal trials in Delhi-NCR

The court passed the order after being informed by the Delhi Police, in an affidavit, that 288 cases against gangsters and criminal gangs operating in Delhi are pending trial

The Supreme Court on Thursday mooted the creation of fast-track courts in Delhi to expedite trials in cases lodged against “professional” gangsters and directed both the Delhi government and the Centre to formulate a concrete proposal in this regard within four weeks.

At the core of the court’s concern was to nip the possibility of such persons securing bail and unleashing a spectre of violence. (HT Archive)

The court passed the order after being informed by the Delhi Police, in an affidavit, that 288 cases against gangsters and criminal gangs operating in Delhi are pending trial. Only 108 cases have reached the stage of framing of charges. The affidavit also indicated that by any rate, it will take three to four years for a case to move from framing of charges to prosecution evidence being taken up. So far, only 25% of cases have reached the prosecution evidence stage, the first step of trial, it said.

A bench of justices Surya Kant and Joymalya Bagchi found the delay impeding the right of the accused to a speedy trial. At the same time, the bench raised a larger issue about such gangsters securing bail on the grounds of prolonged trials. Even the security of witnesses gets compromised in these situations, the bench added.

The court said, “This week, we read an instance where a witness was murdered. Who is going to depose against gangsters? What is the protective cover that you give them? They are your eyes and ears. If you don’t protect them, public confidence in the criminal justice system gets affected and rule of law gets absolutely impaired in the eyes of the common man.”

At the core of the court’s concern was to nip the possibility of such persons securing bail and unleashing a spectre of violence.

The bench said, “What is happening in the geographical belt of Delhi near to Haryana... They commit crime there and come to Delhi. Just yesterday, a man who committed a murder in Panipat was arrested from Ghaziabad. Society needs to get rid of these gangsters. They must be dealt with ruthlessly. We should not have any misplaced sympathy for them.”

While the Delhi Police suggested the court set up dedicated court complexes within jail premises for trial of such hardened criminals, the court said that the issue needs to be dealt with holistically, as such courts will require adequate judicial manpower, support staff and infrastructure.

The bench said, “While the Delhi High Court will not have any objection to providing speedy trial by establishing dedicated courts, this can only happen provided that the Union government and the state of Delhi resolve to introduce a mechanism like fast-track courts (FTC) for trial of these cases.”

Making Centre a party to the proceedings, the court said, “Keeping in mind the pendency of 288 cases against gangsters, there will have to be appropriate strength of courts to ensure cases can be equitably distributed and trial can be held on day-to-day basis.... If such a decision is taken by appropriate authority, it seems to us that all pending trials can be brought to an end.”

The court asked additional solicitor general (ASG) SD Sanjay, appearing for the Delhi Police, to also appear for the Centre and give effect to the order. The court agreed to pass subsequent directions for expediting the hearing of such cases once a resolution is adopted by the Centre and the Delhi government.

The matter will next be heard after four weeks.

The court made the observations while hearing a bail petition filed by one Mahesh Khatri alias Bholi, who is facing 55 criminal cases, many of which are heinous offences. In February, the court refused him bail but expanded the scope of the petition by asking the Delhi Police to specify whether a mechanism could be introduced for a speedy trial in cases concerning gangsters.

The Delhi Police affidavit, filed in response to this order, noted that while multiple factors lead to delayed trials, the primary reason was that courts hearing cases against such gangsters facing charges under the Indian Penal Code and Maharashtra Control of Organised Crime Act (MCOCA) handle other routine matters and are burdened with multiple sensitive matters involving the IPC, economic offences and money laundering, among others.

ASG Sanjay said that, considering these aspects, the Delhi Police urged the court to set up dedicated court complexes on jail premises. This would not only expedite cases against gangsters but prevent them from getting bail.

At the same time, it will enable better safety for witnesses and accused persons and will reduce the opportunity available for such criminals to generate reels and other social media content glamourising their lives, something that is observed when members of gangs are transported from jails to court complexes, it said.

The ASG assured the court that a joint meeting of the Centre and the Delhi government will be held to resolve the issue.