Delhi High Court seeks response from court registry on pendency of NIA trials in special courts, reasons for delay

The Delhi High Court on Wednesday directed its' Registry to furnish details with regard to the detailed status of cases probed by the National Investigation Agency (NIA), which are currently pending before special courts in Delhi (Manzer Imam vs. Union of India through Joint Secretary, Internal Security Division, MHA & Ors.)..Single-judge Justice Mukta Gupta said that the response by registry should contain status of such cases along with the reasons for their delay.The Court was hearing a plea filed by an NIA accused Manzer Imam, who has been in custody since the past eight years, when it proceeded to take note of the fact that multiple pending NIA cases were not being given priority. "You need to investigate why there is a delay," the Court remarked.In its order the Court observed, "As per the reply affidavit as on 31st July, 2021 the total pendency of trials investigated by the NIA before the Principal District & Sessions Judge, New Delhi and the Additional Sessions Judge-03, New Delhi is 262 and 449 cases respectively, out of which 12 and 25 cases respectively under the NIA Act are pending in the two Courts." The Court, therefore, directed an affidavit to be filed by the High Court officials, providing the reasons for delay and the various stages of trial of the NIA cases pending before the Special Courts."A further reply affidavit will be filed by the Delhi High Court giving the stages of trial in all the NIA Act cases before the two Courts specifically designated for trial under the NIA Act at Patiala House and the reasons for delay if any. The same be filed within four weeks," the order said.Advocates Kartik Murukutla and Abu Bakr Sabbaq on behalf of the accused, stated that there was a minor discrepancy in the pendency of the NIA cases and the same had been stated in the affidavit filed by NIA before this Court.Meanwhile, Advocate Gaurav Aggarwal who appeared for the Delhi High Court informed the Court that there were two designated special courts in Patiala House Court dealing with NIA cases and were presided over by a Sessions Judge and a District & Sessions Judge. Thereafter, he sought some time from the Court to provide details of the cases and reasons for their delay.Earlier, the Court had also sought responses from Centre through the Joint Secretary, Internal Security Division, Ministry of Home Affairs, the National Investigation Agency and the Delhi Government in this matter. .The plea was filed on the behalf of Manzer Imam, who is accused under various sections of the UAPA (Unlawful Activities Prevention Act) and the IPC (Indian Penal Code) in connection with his alleged involvement with some members of the Indian Mujahideen who were conspiring to commit terrorist acts by targeting different locations in India."The Petitioner (Imam) has to date been in custody for almost eight years and charges are yet to be framed in the matter. Arguments on charge in the matter began in 2014 itself, but continue to remain pending to date. At the current pace, and with 24 accused persons, it may be fairly anticipated that the trial is likely to take at least another further eight years (as a moderate estimation) before completion," the petition read.The petition stated that there was a delay in the trial of the accused as there were only two designated special courts for NIA matters which were also functioning as regular courts with heavy workloads, hearing non-NIA matters like IPC matters and bail pleas.The High Court will hear the petition again on October 22, 2021..UAPA offences have to be tried by special NIA court even if investigated by State Police: Bombay HC refuses bail to Surendra Gadling in 2016 case.[Read Order]