New Delhi, July 24 . The Supreme Court today suggested the Union government and the Delhi government consider setting up fast-track courts to deal with gangster-related cases on a day-to-day basis, highlighting the urgent need for expeditious trials in such matters.
A bench, comprising Justices Surya Kant and Joymalya Bagchi, made the suggestion to Additional Solicitor General (ASG) S D Sanjay after it was informed that 288 trials involving gangsters are currently pending in Delhi courts.
“Considering pendency of 288 trials against gangsters, there will have to be an appropriate strength of courts to ensure that these cases can be aptly distributed and their trials can proceed on a day-to-day basis. If such decision is taken by apt authorities, it seems to us that all pending trials can be brought to an end,” the Court observed.
The bench also suggested that directions for compulsory appearance of defence counsels, restriction on adjournments, and setting timelines for investigation and framing of charges may be issued at an appropriate stage to ensure speedy trials.
Noting the threat posed by hardened criminals, the Court emphasised that dedicated court complexes for such cases could help avoid situations where gangsters are released on bail, and would enhance safety and security for witnesses, which it called the “need of the hour.”
“This can only happen if the Union and Government of Delhi resolve to introduce a mechanism like fast-track courts for trial of these cases. For this, additional posts of judicial officers will have to be created or a separate ad-hoc cadre for such courts can be evolved. The infrastructural facilities and other requisite staff that may be required also need to be provided,” the Court said.
The bench also questioned the ASG on steps taken to ensure witness protection in gangster trials, expressing concern over rising threats to the rule of law due to criminal activities in the National Capital Region.
“Witnesses are your eyes and ears. What are you doing to protect them? Broad daylight murder on the street, and the person goes scot-free due to lack of evidence… Rule of law is absolutely impaired in the eyes of the common man. There should not be misplaced sympathy with gangsters. Society needs to get rid of them,” Justice Kant remarked.
Justice Bagchi added that the “game plan” in such cases is to deliberately prolong the trial to influence witnesses, while Justice Kant underlined that gangsters must be dealt with “ruthlessly, but of course in accordance with law.”
The Court called upon stakeholders, including the Union, the NCT of Delhi, and the Delhi High Court to take a holistic view and act promptly to strengthen the justice delivery system in gangster-related cases.
. SNG .