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Provide details of pending terror & drugs cases, SC tells states & UTs

Asks Centre to consider providing Rs 1 crore each to all states, UTs for setting up special courts
Photo for representational purpose only. Tribune file

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The Supreme Court on Monday directed states and union territories to provide details of terror and narcotics cases under investigation by central and state agencies, including the National Investigation Agency and the Narcotics Control Bureau.

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While hearing a suo motu case regarding setting up special exclusive courts for early disposal of the cases under the Unlawful Activities (Prevention) Act and the Narcotic Drugs and Psychotropic Substances Act, a Bench led by CJI Surya Kant asked the Centre to consider providing funds of Rs 1 crore each to all states and UTs for setting up special courts in to prosecute cases under special laws.

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The Bench – which also included Justice Joymalye Bagchi --asked Additional Solicitor General Aishwarya Bhati, representing the Centre, to consider releasing Rs 1 crore annually for ensuring smooth functioning of special courts.

Lamenting that special court judges were additionally burdened with ordinary criminal and civil matters, the top court said special courts have become a kind of mockery.

"There are questions of liberty, right to life, etc. The state writes to the High Court Chief Justice that a special court is needed for SC/ST Act cases. Then another letter… asking for an NIA Court. The same special court becomes the NIA court. Then (it’s assigned) family cases. So, the special court becomes a mockery," the Bench said.

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"Just see how many are undertrials (are there) at the moment. That’s our concern. Not the state or Centre... Do you know the burden of the principal district judge” Is the judge dealing with only UAPA?" the Bench asked.

"We wanted to sensitise you all, so that you can tell us how many cases are pending and how many will be dealt with," it said.

After getting the information from states and UTs, the top court will examine how many more special courts were needed to deal with special laws such as UAPA and NDPS Act in a time-bound manner.

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