SUPREME COURT URGES CENTRE AND DELHI GOVERNMENT TO SET UP FAST-TRACK COURTS FOR 288 PENDING GANGSTER TRIALS IN NCT:

Emphasizing the urgency of swift adjudication in gangster-related cases, the Supreme Court on July 24 urged the Union of India and the Delhi Government to consider the establishment of fast-track courts to address the significant backlog of such cases in the National Capital Territory (NCT). The bench comprising Justices Surya Kant and Joymalya Bagchi made the observation during a hearing in which it was brought to their attention that 288 gangster-related trials are currently pending in various courts across Delhi.

The Court noted that the creation of an adequate number of courts would allow for a proper distribution of these cases, ensuring that trials can proceed on a day-to-day basis. It observed that if such a step is taken by the appropriate authorities, the pending trials could be brought to a conclusion in a time-bound manner. The bench also indicated that further procedural reforms might be necessary at a later stage. These could include mandatory appearance of defense counsel, strict curbs on adjournments, and setting specific timelines for the completion of investigations and framing of charges.

The judges underscored the importance of setting up dedicated court complexes for the trial of hardened criminals and professional gangsters. Such measures, they said, would help prevent scenarios where dangerous accused individuals are released on bail simply because their trials are delayed. In addition to facilitating faster justice, the Court remarked that enhanced infrastructure would also improve safety and security, especially for witnesses, a need it described as "urgent and critical."

The Court highlighted the necessity for a coordinated, comprehensive approach from all stakeholders, particularly the Union Government, the Government of NCT Delhi, and the Delhi High Court. It stated that the creation of fast-track courts would require not just a judicial policy decision but also administrative support. This would involve the appointment of additional judicial officers or the creation of a separate ad-hoc cadre dedicated to handling such matters. Alongside judicial appointments, appropriate infrastructural support and deployment of staff would also be necessary to ensure the effectiveness of these special courts.

During the hearing, the bench raised concerns about the growing erosion of public trust in the rule of law due to the rise in criminal incidents in the national capital and surrounding regions. The justices particularly emphasized the crucial role of witness protection in ensuring convictions. They questioned the Additional Solicitor General (ASG) SD Sanjay on the steps being taken to safeguard witnesses in such high-risk trials.

The bench expressed concern over the frequent occurrences of crimes in broad daylight and the subsequent acquittals owing to lack of evidence. Justice Joymalya Bagchi remarked that witnesses are the “eyes and ears” of the justice system, and failure to protect them enables criminals to go scot-free. He pointed out that the common perception is that the rule of law is failing when justice is denied because witnesses are either intimidated or won over. He further noted that, in many of these trials, the deliberate strategy appears to be to prolong the proceedings in order to manipulate witnesses over time.

Justice Surya Kant added that gangsters should be dealt with "ruthlessly," though strictly in accordance with the law. The Court stressed that there should be no misplaced sympathy for such individuals, as society urgently needs to be rid of their influence