The Supreme Court on Tuesday sought responses from 17 states and union territories identified for setting up exclusive courts to try cases under the National Investigation Agency (NIA) Act.
NEW DELHI, INDIA – FEBRUARY 4, 2026: Supreme Court of India, Wednesday, February 4, 2026 in New Delhi, India. (Photo by Arvind Yadav/Hindustan Times) (Hindustan Times)A bench headed by Chief Justice of India (CJI) Surya Kant passed the order after the Center told the court that, following its nose, the Center had given in-principle approval to the budget allocation. ₹1 crore each to meet recurring and non-recurring expenses for these courts. These states/UTs were identified on the basis of minimum threshold of 10 or more pending NIA Act trials.
Noting that judicial officers and employees for these courts must be provided to the respective states/UTs, a bench comprising Justices Jayamalya Bagchi and NV Anjaria said, “Let notices be issued to 17 states/UTs where more than 10 cases are pending under the NIA Act.”
These states/territories include Delhi (59 cases), Union Territory of Jammu and Kashmir (38), Kerala (33), Assam (33), Gujarat (33), West Bengal (32), Punjab (32), Jharkhand (28), Karnataka (27), Tamil Nadu (23), Telangana (22), Maharashtra (21), Chhattisgarh. (1712), Raj Pradesh (1712), Rajasthan (1712), and State. and Manipur (10).
Posting the matter for hearing after two weeks, the bench directed the Advocate Generals concerned to be physically or virtually present during the next hearing.
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The order was passed by the court in a self-initiated process regarding setting up of special NIA courts.
Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Centre, informed the bench that consultations with the respective states/UTs and the respective High Courts have been initiated. In some cases, consent has been obtained from the High Court, while the response of the concerned government is awaited. These courts are exclusively for hearing NIA cases.
The bench asked Bhatti to consider holding one more round of sittings to ensure the volume of cases is high, suggesting setting up of multiple NIA courts to ensure speedy disposal. It cited the example of Assam, observing that one court may not be enough to handle 33 cases per day.
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“This is a very important step. On the one hand, speedy trial of NIA cases will ensure protection of witnesses, as it is linked to a fair trial. More importantly, it is related to the freedom of persons arrested in these cases. How many years can we keep them inside?” The Bench observed.
Regarding Delhi, ASG SD Sanjay informed the court that 16 special courts are being set up at Rouse Avenue Court to try cases under special laws like NIA Act, UAPA and NDPS Act and are expected to be ready by April this year.
Since most of the NIA cases are in Delhi, the court emphasized the need for “rationing” cases to ensure that the special court has enough cases. “You can see that the allocation ratio of cases is such that the next date of NIA matters goes only next week,” the bench observed.
The court noted that in criminal trials, the next hearing often comes after two to three months. “Judges are under a lot of pressure as they handle cases under various laws. This exclusive NIA court order must take up cases on a weekly basis. The prosecution must be very careful if a witness is produced for examination.”
ASG Sanjay said that if the cases are taken up weekly, the trials will be expedited and the delay can no longer be a basis for granting bail to the accused in NIA cases, which involve the sovereignty and security of the country.
Bhati said infrastructure remains the key challenge in Delhi, citing the Delhi High Court’s in-principle approval for 16 additional court rooms. The High Court has assured that there are enough Delhi Higher Judicial Service (DJHS) officers who can preside over these courts.
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Construction of these courtrooms is expected to take another two months, with the court posting 16 court matters for hearing after three weeks to review progress.
