The Supreme Court of India has called for the exclusive creation of special courts to fast-track cases under UAPA and MCOCA, citing severe trial delays and violation of fundamental rights due to prolonged undertrial detention.

Supreme Court Recommends Exclusive Special Courts for UAPA and MCOCA Trials

On May 27, 2025, the Supreme Court of India issued a strong recommendation for the establishment of exclusive special courts to address long-pending cases under the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA).

Why the Supreme Court Demands Special Courts

The bench highlighted alarming delays in the trial of hundreds of special statute cases, where accused individuals often face prolonged incarceration without trial. The Court stated that assigning UAPA and MCOCA cases to dedicated special courts, free from civil and other criminal duties, would expedite proceedings.

“Specialized courts, entrusted solely with trials under these laws, can provide the most effective remedy to the problem of delay,” the bench stated, emphasizing the need for daily hearings to ensure timely justice.

Raja Thakre Given Deadline for Government Action

The Court granted Additional Solicitor General Raja Thakre four weeks to receive directions from the Executive branch, as the creation of new courts is a policy decision. The Court reiterated that this decision must be made in coordination with the Chief Justice of the High Court, following a complete assessment of pending cases across the state.

Justices Call Out Delay in NIA Case Trials

The ruling, issued by Justices Surya Kant and N. Kotiswar Singh, highlighted how judges handling both civil and criminal matters are unable to prioritize sensitive cases handled by the National Investigation Agency (NIA).

“The courts are faced with a conundrum when a defendant has been incarcerated for years but the trial hasn’t begun,” the bench observed. “This may lead to an indirect violation of Article 21 of the Constitution.”

Overburdened Justice System Needs Structural Reform

The Supreme Court also pointed out that high-profile cases often involve hundreds of witnesses and massive documentation, yet no system exists for auditing or prioritizing such cases. The Court expressed concern over the strain on judicial resources, which prolongs justice and impacts the accused’s rights.

Conclusion: A Call to Action for Faster Justice

The Supreme Court’s direction to create exclusive special courts for UAPA and MCOCA is a crucial step toward reducing judicial backlog and safeguarding the rights of undertrials. Structural reforms and policy decisions, backed by data and coordination with the judiciary, are now critical to ensure the right to a speedy and fair trial under India’s legal system.