The Delhi High Court has sought the response of Ministry of Home Affairs over pendency of cases registered under the National Investigation Agency Act in the two special Courts in Delhi.

The MHA vide a notification in 2019 notified two Courts, namely Court of District and Sessions Judge and the Court of Additional Sessions Judge-03, Patiala House Court as NIA Courts.

The High Court was informed that the Court of District and Sessions Judge, New Delhi, District Patiala House Courts cannot be and is not exclusively dealing with NIA cases and hence the Court of ASJ-03 is overburdened with the NIA cases.

In view of this, Justice Jasmeet Singh sought a reply from MHA.

The Court was dealing with the plea by a UAPA accused being aggrieved by the delay in the trial for the reason that only two Courts in Delhi have been notified as designated Courts for the trials under the UAPA thereby resulting in a delay in the trial.

Advocate Kartik Murukutla appeared for the petitioner whereas Bhagvan Swarup Shukla, CGSC, appeared for Union of India.

The petitioner had sought directions to ensure/ notify that Special Courts under Section 11 NIA Act in Delhi should deal exclusively with NIA investigated scheduled offences so that the trials can be expedited by besides day-to-day hearing.

On February 09, 2023, the counsel for the petitioner stated that his case has already taken 9 years and charges are yet to be framed.

“In this view of the matter, a reply of MHA would be relevant in the matter. Let the MHA file a reply dealing with the aforesaid contentions.”, the Court directed.

The Court has listed the matter to April 28 for further hearing.

Cause Title- Manzer Imam V. UOI, Through Jt. Secretary, Internal Security Division, Ministry of Home Affairs & Ors.

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Delhi High Court#Justice Jasmeet SinghNIA

Ashish Shaji