Delhi HC Resolves To Transfer Other Pending Cases From NIA Courts To New Courts

The affidavit further informed that the Principal District and Sessions Judge, who is also a designated court, shall also transfer the pending cases under the NIA Act to the court of 바카라�ASJ-03바카라� to facilitate their expeditious disposal. 바카라�All other cases pending before the said two courts of ASJ-02 and ASJ-03 be immediately withdrawn and be assigned to the newly created ASJ courts by the Principal District and Sessions Judge, New Delhi while ensuring equitable distribution,바카라� it added. The affidavit stated that to accommodate the newly established ASJ courts, five metropolitan courts would be shifted to Rouse Avenue Court Complex and the same has been approved by the Full Court and that the matter regarding the posting of judicial officers in the newly created courts of 바카라�ASJ-05바카라�, 바카라�ASJ-06바카라� and 바카라�ASJ-07바카라� is already under process. 바카라�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 courtrooms 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 the creation of more ASJ courts,바카라� the affidavit informed. It also said that one of the new ASJ courts would be additionally designated as the Special Court under the SC/ST Act and the SEBI Act as well as designated court try sessions to cases investigated by Special Cell, Delhi Police. In December last year, the high court had said that it was paramount that cases under the UAPA are tried expeditiously and it was for the high court authorities to consider the issue and make appropriate recommendations for establishing exclusive courts for their trial.

The court had observed that since the cases under UAPA involved serious offences and foreign nationals, it was not easy for those in custody to secure bail and the trials took a considerable amount of time. Lawyer Gaurav Agrawal, appearing for the high court, had informed that there were two designated special courts for NIA in the city for the trial of UAPA cases and the listing of non-UAPA cases had no impact on the status of UAPA cases. While only 12 cases were pending before one court and charges were framed in 9 of them, there was a 바카라�slight difficulty바카라� concerning the pendency of UAPA cases in the second designated court on account of the time taken for trials to be concluded, he had said. In September, the high court administration had stated that as on July 31, a total of 37 cases about the National Investigation Agency (NIA) were pending before the two designated courts in the Patiala House Court complex here i.e. a sessions judge and the district & sessions judge. In the petition filed through lawyer Kartik Murukutla, the petitioner Manzar Imam has sought a direction to ensure that the special courts under Act deal exclusively with NIA investigated scheduled offences and claimed that all NIA accused were 바카라�languishing for years on end바카라�, in violation of the fundamental right to a speedy trial under Article 21 of the Constitution of India. He has stated that he has been in custody for eight years and there was a delay in the trial in his case on account of there being only two designated courts which were also hearing non-NIA cases including bail matters, other IPC offences, and MCOCA matters. The petitioner was arrested in August 2013 pursuant to an NIA case alleging that the members of the Indian Mujahideen, in association with the other IM sleeper cells based in the country and others, were conspiring to commit terrorist acts and making preparation for targeting various important and prominent places of India. The FIR was registered for the alleged commission of offences under the provisions of the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code.

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