Supreme Court Orders Karnataka to Equip New UAPA Court
The Supreme Court has directed the Karnataka government to establish an additional special court for Unlawful Activities Prevention Act (UAPA) cases. The court mandated infrastructure and staff be provided within two weeks to expedite trials.
Key takeaways
- The Supreme Court has ordered the Karnataka government to establish an additional special court to exclusively handle Unlawful Activities Prevention Act (UAPA) cases.
- The court mandated that the necessary infrastructure and staff be provided within two weeks.
- This directive aims to prevent the prolonged delay of trials, with proceedings to be conducted on a day-to-day basis.
- The new court will prioritize examining material evidence in the Shahid Khan PFI conspiracy case within three months.
The Supreme Court of India has ordered the Karnataka government to provide the necessary infrastructure for a new special court dedicated to Unlawful Activities Prevention Act (UAPA) cases. The directive aims to address the prolonged delays in trials, with the court stating that states cannot afford to extend legal proceedings for years.
What Happened
A Supreme Court bench, led by Chief Justice Surya Kant, instructed the Karnataka government on Wednesday to immediately allocate resources for an additional special court. This court will focus exclusively on UAPA cases and conduct proceedings on a day-to-day basis. The order came during the hearing of a plea by Shahid Khan, an individual accused in a case involving the Popular Front of India (PFI) conspiracy. The prosecution in this specific case intends to examine 707 witnesses, some of whom are protected individuals.
The court specified that the state must create one additional post within the Karnataka Higher Judicial Service, along with essential staff and facilities adhering to High Court norms. The necessary approvals are to be granted within two weeks. Following the state's sanction, the Chief Justice of the Karnataka High Court will assign a judicial officer to head this special court. The current case involving Shahid Khan will be transferred to this new court, with the presiding officer prioritizing the examination of three protected witnesses and other key witnesses to record material evidence within a maximum of three months.
Background
The Supreme Court noted the significant existing caseload in the special courts in Karnataka. The state informed the bench that approximately 97 trials are currently pending. The court also observed that repeated interim bail applications from various accused individuals are consuming substantial judicial time. Earlier directives had established special courts for UAPA cases, with each court intended to handle a maximum of 12 to 15 cases. The current order emphasizes ensuring compliance with these previous directives.
Justice Joymalya Bagchi commented on the extensive time trials could take given the pending cases, even those with fewer witnesses. He pointed out a misunderstanding by the state regarding interim bail applications and witness examination, clarifying that witness examination is integral to the trial and should not be halted due to pending bail requests. The Chief Justice also criticized the length of a recent trial court order that rejected an accused's interim bail application, suggesting it was unnecessarily protracted.
Key Facts
- The Supreme Court directed the Karnataka government to provide infrastructure for an additional special court for UAPA cases.
- The court ordered the state to create one additional post in the Karnataka Higher Judicial Service with requisite staff and facilities.
- Necessary sanctions must be accorded within two weeks.
- The Chief Justice of the Karnataka High Court will assign a judicial officer to preside over the new court.
- The court noted 97 trials are pending in existing special courts in Karnataka.
- The prosecution in Shahid Khan's PFI conspiracy case plans to examine 707 witnesses.
- The new court is to examine material evidence within a maximum of three months.
Sources reviewed
Project Chintan independently synthesized and analyzed information cross-checked across the sources listed above.
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