Supreme Court’s Directive on NDPS Courts
In a significant move, the Supreme Court of India has instructed the Central Government, along with State Governments and Union Territories, to establish 449 dedicated courts for handling cases under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) within a six-month timeframe. This directive was issued by a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, following a status report from the Union of India which highlighted that only 176 of the necessary 449 courts are currently operational nationwide.
Addressing the Surge in Narcotics Cases
Expressing concern over the rising tide of narcotics-related offences, the Supreme Court emphasized the urgency of setting up the required courts. The Bench noted, “Considering the current backlog of NDPS Act cases and the alarming increase in such offences, it is crucial and in the interest of justice to establish the required 449 exclusive NDPS courts promptly.” The Court further instructed all States and Union Territories to expedite the setup of court infrastructure and appoint the necessary judicial and administrative personnel to fill this gap.
Suo Motu Proceedings for Expedited Trials
This order emerges from the Supreme Court’s ongoing suo motu proceedings aimed at accelerating trials under various special statutes, including the NDPS Act, the Unlawful Activities (Prevention) Act (UAPA), the Maharashtra Control of Organised Crime Act (MCOCA), and the National Investigation Agency (NIA) Act. Previously, the Court had urged authorities to facilitate these trials on a day-to-day basis and complete them within a year.
Government’s Submission and Court’s Further Directions
During the proceedings, Additional Solicitor General (ASG) Aishwarya Bhati, representing the Central Government, reported an increase in the estimated requirement for NDPS courts from 394 to 449. She also noted an increase in operational courts from 113 to 176. ASG Bhati provided updates on NIA courts, stating that eight new courts have been established, raising the total to 22 across the country. However, she pointed out that States such as Karnataka, Kerala, Tamil Nadu, and Telangana still lack functional exclusive NIA courts.
The Bench set specific timelines for various states:
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- Karnataka: Three exclusive NIA courts are proposed at Bengaluru, Chikkamagaluru, and Udupi, expected to be notified within two weeks.
- Kerala: Two courts have been sanctioned for 22 pending cases. The CJI rejected the State’s request for a two to three-month extension, urging an expedited process.
- Assam: With one court already notified, the Bench directed that two more proposed courts be functional within four weeks.
- Telangana: Granted four weeks to operationalize its designated exclusive NIA court.
- Bihar: Two exclusive courts are currently operational for 16 pending cases.
