Expressing serious concern over 288 cases related to the Gangster Act and the Arms Act pending in Delhi courts, the Supreme Court directed the Union of India and the Government of National Capital Territory of Delhi (GNCTD) to set up fast-track courts for speedy disposal of such matters.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi on Thursday stressed on increasing the number of courts and strengthening the infrastructure for apt distribution and expeditious trial, preferably on a day-to-day basis, in these matters.
The Apex Court observed that it could issue a slew of directions, such as compulsory appearance of defence counsels, dispensation of adjournments, and a timeline for the purpose of conclusion of investigation and framing of charges at an appropriate stage, to dispose of the cases within a year.
Additional Solicitor General SD Sanjay, appearing for the GNCTD, submitted an additional affidavit in the Court. As per the affidavit, out of 288 pending trials, charges have been framed in 108 cases. There was a gap of 3-4 years between framing of charges and commencement of prosecution evidence, it said.
Noting that 25 percent cases had reached the stage of prosecution evidence, the top court of the country said even the trial court could not answer as to when would the remaining 75 percent cases reach the evidence stage.
The Bench told the ASG to get the Central government and the GNCTD on table, wherein they could identify the number of designated courts needed to resolve these 288 matters within a year, right from filing of charge sheet to conclusion of trial.
The top court of the country said the establishment of dedicated court complexes for speedy trial of hardened criminals and professional gangsters would have a very good chilling effect on them. The complexes would restore the trust of public in the judiciary and the courts would not be compelled to release the such criminals on bail, inviting repeated offences. This would send the right message across the public.
Speaking about hardened criminals, the Court said their game plan in such cases was to protract the trial to win over witnesses, so that ultimately acquittal could be handed over. The top court of the country said that gangsters should be dealt with ruthlessly in accordance with law. They should not receive misplaced sympathy, such as the criminal has been in custody for long. Society needed to get rid of them, it added.
It further suggested creation of additional posts of judicial officers or establishing a separate ad-hoc cadre for such courts. The infrastructural facilities and other requisite staff should also be provided, it noted. The Court further emphasised on enhancing the safety and security of witnesses. It also appreciated the State of Andhra Pradesh’s recent notification establishing special courts.