New Delhi, Jan 21: The Supreme Court emphasized Wednesday that establishing additional trial courts would create a “robust” judicial system, eliminating the need for accused persons to approach the apex court for reliefs like bail or expeditious hearings in criminal cases.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, made these observations while hearing the bail plea of Md Heydaitullah, accused in a 2021 NIA case involving ISIS radicalization through Telegram groups.
On January 6, the court had directed the Centre and Delhi government to consider setting up a special court for day-to-day trials in this case. Wednesday’s hearing focused on progress, with the bench questioning Additional Solicitor General Aishwarya Bhati.
“The idea is how do you make a robust mechanism that none of them are required to come to the courts? And that will happen when additional courts are set up,” CJI Kant remarked.
The court granted time till February 10 for updates on establishing the special court in Delhi, where 125 witnesses need examination. The matter will be listed on that date.
Heydaitullah, an MBA graduate working at a Gurugram IT firm, faces charges under the Unlawful Activities (Prevention) Act (UAPA) for allegedly propagating ISIS ideology, recruiting members, and promoting “Jihad to establish Khilafat” through violent means.
The Delhi High Court had rejected his bail, noting he took a “Bayath” (oath) in 2018 to ISIS leaders Abu Bakr al-Baghdadi and Abu al-Hasan al-Hashimi al-Qurashi. “The appellant is educated and well aware of ISIS activities,” the high court observed, applying UAPA’s strict bail provisions
CJI Kant had previously noted that inordinate trial delays justify bail considerations, as prolonged custody without trial becomes untenable.
The Supreme Court’s push for additional courts addresses systemic delays, particularly in serious terror-related cases requiring extensive witness examination.
