3 weeks ago
SC Orders Additional Special Court for UAPA Cases in Karnataka
The Supreme Court of India told the government of Karnataka to build a new special courtroom just for cases under a law called UAPA, which deals with very serious offences.
The judges said trials should happen day by day instead of dragging on for many years.
The order came in a case against a man named Shahid Khan, who is accused in a PFI conspiracy case.
The government wants to bring 707 witnesses to the trial, which would take a very long time.
The court said the new judge should first listen to the evidence of three protected witnesses and then the other important witnesses within three months.
Mr. Khan has been in jail for almost four years.
The court said that after the important witnesses give their evidence, he can ask for bail again.
The judges also said the state cannot wait years to finish a trial and that judges should write shorter orders to save court time.
The existing special court already has about 97 cases waiting to be heard.
The Supreme Court directed Karnataka to create one additional Karnataka Higher Judicial Service post, with staff and allied facilities, for a new special court dealing exclusively with UAPA cases, with sanctions due within two weeks.
The bench said the special court must hear UAPA cases on a day-to-day basis, noting the state 'cannot have the luxury of prolonging trials for years.'
The order came in a plea by Shahid Khan, an accused in a PFI conspiracy case in which the prosecution proposes to examine 707 witnesses, including protected witnesses.
The presiding officer must first examine the three protected witnesses and other material witnesses so that evidence is recorded within a maximum of three months, after which Khan may apply afresh for bail.
Karnataka told the court the existing special court has around 97 pending trials, and the bench criticized lengthy interim-bail orders as a waste of court time; each special court is expected to handle only 12-15 cases.
- Who
- A Supreme Court of India bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, acting on a plea by accused Shahid Khan against the Karnataka government.
- What
- Directed Karnataka to set up an additional special court to deal exclusively with UAPA cases on a day-to-day basis and to fast-track the PFI conspiracy trial.
- Where
- Karnataka, India, where the additional special court will be established and the trial will be conducted.
- When
- Wednesday; the article does not specify an exact date.
- Why
- To ensure a speedy trial, because the state cannot prolong trials for years and the petitioner is entitled to a speedy trial under Article 21.
Accused's Rights Perspective
State and Prosecution Perspective
Bail in the PFI/UAPA case
Accused's Rights Perspective
Shahid Khan has been in custody for nearly four years, moved only one interim bail application (rejected after his father-in-law's death), and contends that nine other accused facing similar IPC offences are already on bail; he invokes the right to a speedy trial under Article 21.
State and Prosecution Perspective
Khan faces serious charges in a PFI conspiracy case in which the prosecution proposes to examine 707 witnesses, and the trial court previously rejected his interim bail application.
Pace of the trial
Accused's Rights Perspective
The court holds that examining witnesses is part of the trial and should not stop because a bail application is filed; witnesses should never be sent back, and day-to-day hearings are needed to conclude the trial within a reasonable time.
State and Prosecution Perspective
The state points to the existing special court's workload of about 97 pending trials and says repeated interim bail applications by different accused consume considerable judicial time.
Key facts
- Court
- Supreme Court of India
- Bench
- Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana
- Petitioner
- Shahid Khan, accused in a PFI conspiracy case
- Legal Framework
- Unlawful Activities (Prevention) Act (UAPA)
- Prosecution Witnesses
- 707 proposed; about 50 material, including 3 protected witnesses
- Existing Court Workload
- About 97 pending trials
- Infrastructure Sanction Deadline
- Within two weeks
- Evidence Recording Deadline
- Within a maximum of three months
Quotes
Chief Justice Surya Kant
Chief Justice of the Supreme Court
“"We direct the State of Karnataka to immediately provide the requisite infrastructure, including the creation of one additional post in the Karnataka Higher Judicial Service, along with the requisite staff and other allied facilities…"”
deccanchronicle.com
“"When a witness is present, nowhere in India is the witness sent back because a bail application has been filed."”
deccanchronicle.com
Sources
Related news
Allahabad HC grants bail to PFI members over slow trial
Supreme Court Asks for Special Courts in Manipur Violence Cases
Government Establishes Three New NIA Courts to Expedite Anti-Terror Trials
Intellectuals Urge CJI to Uphold Liberty in Umar Khalid Case
Karnataka High Court Orders Continuous CCTV Monitoring In Police Stations
Allahabad High Court Flags Zero Progress in UAPA Terror Trial
Supreme Court Questions IPS Deputation for CAPF Leadership Positions
Supreme Court Quashes 20-Year Conviction, Reaffirms Juvenile Legal Protections
Two Years After RG Kar Doctor's Rape-Murder, Case Remains Unresolved
ED widens Chhattisgarh probes with two arrests and searches
Delhi High Court Orders Madhya Pradesh to Pay Advocate Dues
