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The Hindu
5 days ago
- Politics
- The Hindu
Supreme Court questions Maharashtra over exclusive MCOCA courts, sets deadline for 2017 corporator murder case
The Supreme Court has pulled up the Maharashtra government for not creating exclusive courts for a speedy disposal of cases under the MCOCA and set a deadline for the completion of trial in the 2017 Bhiwandi Congress corporator murder case. A bench of justices Surya Kant and Joymalya Bagchi asked the counsel appearing for the Maharashtra government opposing the bail plea of Prashant Bhaskar Mahatre, the alleged main conspirator in the corporator murder case, in jail for the past eight years, as to why the state has not created additional courts for trial under special statutes. "We have been saying this time and again, if you are enacting a special statute, then you have to create additional infrastructure for the trial of those cases. There has to be speedy trial of cases under special statutes. Why are you not creating additional infrastructure and setting up special courts for MCOCA cases? Why are you allowing gangsters to operate from jail," the bench asked the counsel on Friday (July 18, 2025). The top court said that in another Maharashtra case, the court flagged an urgent need to have special courts for trial of cases under the NIA Act, MCOCA and UAPA or else the courts will be forced to release the accused on bail due to delay in completion of trials. The counsel submitted that they have pruned the list of witnesses, of which only 30 key ones remain to be examined. He said that since March 2025, when the court issued notice in the matter, they have examined 24 witnesses in the murder case. The bench recorded the submission of the counsel and noted that the accused had 16 criminal cases against him, of which he has been acquitted in 13, and has been accused of attacking the deceased even in 2013 due to a political rivalry between them. The top court said the trial has to be completed by January 31, 2026, and if the trial is not completed by then, he can move the application for bail. The bench, which asked the trial court to hear the case twice in a month, directed the defence counsels to cooperate with the trial court and not seek unnecessary adjournments. On May 16, the top court expressed concern over large numbers of prosecution witnesses turning hostile in the case and said due to the deteriorating character of society, people nowadays are not ready to stand for the truth. It has asked the Maharashtra police to prune the list of 200 witnesses mentioned in the charge sheet and ensure that only crucial witnesses are examined to bring home the conviction of the accused. The Bombay High Court dismissed Mr. Mahatre's bail plea on February 7, saying, "...the confessional statements of all the accused persons do indicate that the said applicant could be said to be the main conspirator in the present case." It referred to a statement of Mr. Mahatre's driver, according to which, Mr. Mahatre, being a cousin of the victim, had a longstanding political rivalry with him, and that even in 2013, he, along with others, had assaulted the corporater. The high court said, "...the material on record does make out a prima facie case against the applicant as being the main conspirator, who motivated the other accused persons to join him, in order to launch a brutal assault on the victim, which resulted in his death. Therefore, this Court does not find any merit in the application filed by the applicant-accused No.10 and accordingly, it is dismissed." According to the FIR, the victim, Manoj Mahatre, a three-time Congress party corporator from Bhiwandi-Nizampur Municipal Corporation, was brutally assaulted on February 14, 2017, by a firearm as well as sickles and choppers. Manoj's driver in his complaint stated that after the assault, the accused fled, some of them in a Maruti Swift car, which was kept on standby. Police later arrested Prashant Bhaskar Mahatre and seven others in connection with the murder.
Indian Express
5 days ago
- Politics
- Indian Express
Courts will have to release NIA and UAPA accused if special courts not set up: SC to Centre
The Supreme Court Friday pulled up the Centre and Maharashtra government for not creating courts for cases under special statutes. A bench of Justices Surya Kant and Joymalya Bagchi said in its order: 'If the authority fails to establish courts with requisite infrastructure for conducting speedy trial under the NIA Act and other special statutes, the court would invariably be forced to release the accused on bail…' The bench told Additional Solicitor General Rajkumar Bhaskar Thakre, appearing for the Centre and Maharashtra government, that designating the existing courts as special courts amounted to 'coercing' the high court to relabel them. '…no effective or visible steps have been taken to set up special courts for speedy trial in cases under NIA Act and other special statutes. It goes without saying that setting up of special courts would require creation of posts for superior judicial officers, staff, courtroom and basic amenities,' the bench said. The court said an impression was created that the designation of an existing court as special court would be sufficient compliance of its directives. 'We are outrightly rejecting this plea taken by the respondents (Centre and Maharashtra government),' the bench said.
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Business Standard
6 days ago
- Politics
- Business Standard
SC raps govt over NIA trial delays, says bail likely without special courts
The Supreme Court on Friday criticised the Centre for not setting up enough special courts to handle terror-related cases under the National Investigation Agency (NIA) Act, Bar and Bench reported. A Bench comprising Justices Surya Kant and Joymalya Bagchi observed the lack of dedicated NIA courts was causing delays in trials. As a result, undertrials may have to be released on bail if their cases continue to be stalled. 'If the authorities fail to establish special courts with requisite infrastructure to conduct time-bound trials, the courts would invariably be without any option but to release undertrials on bail. How long can such suspects be kept behind bars when there is no mechanism for speedy trial?' the SC Bench noted in its order. Court heard bail plea in terror case The top court was hearing a bail petition filed by Kailash Ramachandani, an undertrial in an NIA case. On May 23, it had asked the Centre to respond to the plea. At that time, the court had emphasised that trials in such sensitive cases should ideally proceed on a day-to-day basis. It had also noted that the creation of special courts and related infrastructure falls under the executive's responsibilities and must be handled in consultation with the Chief Justice of the concerned High Court, after reviewing case pendency, Bar and Bench reported. Govt gets more time, but court is not impressed When the matter was heard again on Friday, the court acknowledged that the under-secretary of the NIA had submitted an affidavit. However, it found no concrete steps had been taken to set up exclusive courts for speedy trials. 'You want prosecution under special Acts also and yet no speedy trial for the accused,' the Bench said. The judges made it clear that merely designating existing courts as special NIA courts would not meet the required standards. 'It goes without saying that it would require creation of posts in the superior judicial services cadre and also requisite ministerial staff. The bail infrastructure would need suitable courtrooms. None of those steps have been taken,' the top court observed. 'An impression is being created that just designating an existing court as a special court under Section 11 of the NIA Act, 2008, satisfies our earlier order. This is rejected.' Last chance given to Centre, Maharashtra Despite the delay, the Supreme Court granted a final opportunity to the Centre and the State of Maharashtra to address the issue. 'We had earlier stated that if exclusive special courts are not set up, then the petitioner's prayer for bail shall be considered on merits. List after four weeks. Last opportunity to the Union of India and respondent-state,' the Bench said.
NDTV
6 days ago
- Politics
- NDTV
"Want Prosecution But No Speedy Trial": Top Court Raps Centre Over NIA Cases
In a stern warning to the Centre, the Supreme Court on Friday said it would release the undertrials charged by the National Investigation Agency (NIA) if special courts with requisite infrastructure are not set up for expeditious trial. A bench of Justices Surya Kant and Joymalya Bagchi questioned for how long will the undertrials be kept in custody and gave the Centre a "last opportunity" to set up special courts to tackle the cases. "If the authorities fail to establish special courts with requisite infrastructure to conduct time bound trials, the courts would invariably be without any option but to release undertrials on bail as how long can such suspects be kept behind bars when there is no mechanism for speedy trial and conclude the same in time bound manner," a bench of Justices Surya Kant and Joymalya Bagchi said. The court made the remarks while hearing the bail plea of one Kailash Ramachandani, an undertrial in an NIA case. On May 23, the court had sought the Centre's response, and said trial in such cases should ideally take place on a day-to-day basis. It also emphasised the need to have dedicated courts to deal with trial of special cases under laws like the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organized Crime Act (MCOCA). On May 23, "For how long (should) such suspects be kept in indefinite custody when there is no effective mechanism being provided to conclude trials in a time bound manner," the bench questioned on Friday. The top court made it clear that "if the Union of India and respondent-state government fail to establish exclusive special courts, the prayer of petitioner for release on bail shall be considered on merits on the next date." "This will be the last opportunity," it said. The top court took note of an affidavit filed by the secretary of NIA but said the document does not mention any effective or visible steps taken to conduct expeditious trials. "You want prosecution under special acts also and yet no speedy trial for the accused," the bench said. "The designation of an existing court or entrustment of exclusive trials under NIA Act to such designated courts would be at the cost of other court cases, including 100s of undertrials languishing in jails, senior citizens, marginalized sections, marital disputes, etc," it added. Earlier, the top court said the release or denial of bail is indirectly a breach of Article 21 of the Constitution", it said.
News18
6 days ago
- Politics
- News18
SC pulls up Centre, Maharashtra for not setting up new infra for special courts
Last Updated: New Delhi, Jul 18 (PTI) The Supreme Court on Friday pulled up the Centre and Maharashtra government for designating existing courts as special courts as it asked for the creation of newer ones meant for special cases. A bench of Justices Surya Kant and Joymalya Bagchi informed Additional Solicitor General Rajkumar Bhaskar Thakre, appearing for the Centre and Maharashtra government, if existing courts were designated as special courts for trials under the NIA Act, cases of undertrials languishing in jail for years, senior citizens, people from marginalised sections and matrimonial disputes would be delayed. The top court underscored the need of the hour to be the creation of more infrastructure, appointment of judges and staff and the government sanctioning the posts. 'If additional courts are not created then courts will be forced to grant the accused booked under special statutes bail as there is no effective mechanism for speedy conclusion of trials," the bench observed. The Centre and Maharashtra government were offered a last opportunity to formulate a proper proposal for setting up of special courts under special statutes such as the NIA, MCOCA and UAPA among other sand. They will have to respond to the court's directions after four weeks. On May 23, the top court underlined the need for dedicated courts for NIA cases while calling for a 'judicial audit" of laws enacted by the Centre and the prospective ones by the states. It said the cases entrusted to the NIA were heinous cases, having pan India ramifications and each such case contained hundreds of witnesses and the trial did not progress with the required pace as the presiding officers of the court were busy with other cases. The top court further said the only appropriate course meant setting up special courts where trial of cases only related to special statutes could be carried out with a day-to-day hearing. The top court was hearing a bail plea of Kailash Ramchandani, a Naxal sympathiser from Gadchiroli in Maharashtra. He was booked after 15 policemen of a quick response team were killed in a IED blast in 2019. PTI MNL MNL AMK AMK view comments First Published: July 18, 2025, 13:15 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
