The Supreme Court on Wednesday said the setting up of additional trial courts would make the judicial system more robust, reducing the need for accused persons to approach the apex court for reliefs such as bail or expeditious hearing in criminal cases.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi made the observation while hearing a bail plea in a 2021 ISIS-linked case being probed by the National Investigation Agency (NIA).
“The idea is how do you make a robust mechanism that none of them are required to come to the courts? And that will happen when additional courts are set up,” the CJI said.
The bench sought an update from Additional Solicitor General Aishwarya Bhati, appearing for the Centre, on the progress in setting up a special trial court in Delhi, as earlier suggested by the court. It directed the law officer to apprise it of the developments by February 10, when the matter will be taken up next.
On January 6, the top court had asked the Centre and the Delhi government to consider establishing a special court to conduct a day-to-day trial in the case, which involves the examination of 125 witnesses.
The court was hearing the bail plea of Md Heydaitullah, accused of using Telegram groups to propagate the ideology of the ISIS terror outfit and recruit persons in India.
The CJI reiterated that inordinate delay in trial lends legitimacy to arguments that an accused cannot be kept in custody for prolonged periods without commencement or completion of trial.
Earlier, the Delhi High Court had rejected Heydaitullah’s bail plea, holding that he was not a “passive” supporter of ISIS. The high court observed that the accused, an MBA graduate working at an IT firm in Gurugram, had actively advocated violent jihad to establish a Khilafat and had taken an oath of allegiance to ISIS leaders, including Abu Bakr al-Baghdadi.
The high court ruled that the bar on bail under the Unlawful Activities (Prevention) Act (UAPA) was clearly applicable in the case.
The NIA alleged that the accused disseminated ISIS ideology through cyberspace, promoted enmity against Hindus on social media, transferred funds for the terror outfit, and possessed materials related to explosive preparation and oath of allegiance.
Following an FIR registered in 2021, Heydaitullah was arrested by the NIA on October 22, 2022.
