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2025 Supreme(Online)(SC) 7089
SUPREME COURT OF INDIA
SURYA KANT, JOYMALYA BAGCHI, JJ
MAHESH KHATRI @ BHOLI – Appellant
Versus
STATE NCT OF DELHI – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s).1422/2025
For the Appellants/Petitioners: Mr. Ishan Kapoor, Ms. Joshini Tuli, Mr. Joginder Tuli, Mrs. Gargi Khanna, Mr. Lalit Khanna
For the Respondents: Mr. S. D. Sanjay, Mr. Mukesh Kumar Maroria, Mr. Udai Khanna, Mr. Piyush Beriwal, Mr. Raman Yadav, Ms. Sunanda Shukla, Mr. Jagdish Chandra
The judiciary must ensure the right to a speedy trial by addressing systemic delays through dedicated courts for gang-related cases.
Headnote:(A) Constitution of India - Article 21 - Right to speedy trial - Petitioner seeking bail on grounds of delays in trial proceedings, highlighting inefficiencies in the current judicial system for handling multiple gang-related cases. Court acknowledges the pressing need for dedicated courts and swift justice mechanisms. (Paras 2-6)
(B) Judicial administration - Court discusses the burden on judicial resources due to multiplicity of ongoing cases and underlines the importance of infrastructure enhancements for effective trial management and witness safety. Court signals the requirement for administrative reforms at all levels. (Paras 3-7)
Facts of the case:
The petitioner, labeled a hardened criminal with multiple convictions, sought bail. There are extensive delays in trial proceedings, with only a fraction of charges having been framed in numerous pending cases.
Findings of Court:
The court advocates for the establishment of dedicated courts and other measures to ensure expedited trials while upholding the right to a speedy trial.
Issues: The primary issues include the backlog of cases due to infrastructural inadequacies and the need for dedicated mechanisms to manage trials involving professional gangsters.
Ratio Decidendi: The court concluded that without robust judicial measures and structures, ensuring fair trial rights is compromised, thereby necessitating prompt administrative action.
Result: Notice issued to the Union of India for necessary measures towards establishing effective trial systems.
| Table of Content |
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| 1. seeking bail amidst multiple criminal charges (Para 1) |
O R D E R
1. The petitioner has approached this Court seeking enlargement on bail in FIR No. 96/2021, registered at P.S. Narela Signauturen Nodt Veerifired Sections 307, 386, 506 and 34 of the IPC and Sections 25 and Digitaly signed by SATISH KUMAR YADAV Date: 220257.07.2 8 of the Arms Act.
17:08:15 IST Reason:
2. The petitioner was branded as a hardened criminal as there were 55 criminal cases registered against him, mostly involving heinous crimes. He was also convicted in two such cases.
It is in this backdrop that we declined him bail vide the order dated 03.02.2025. At the same time, having regard to the right to speedy trial, flowing from
3. The affidavit highlights that due to multiplicity of offences, jurisdictions, and legal classifications, different criminal cases involving members of the same gang are being tried before different courts, including regular Sessions Courts, Special NDPS Courts, and Special MCOCA Courts. One of the factors prolonging the trials, as mentioned in the affidavit, is that the designated courts handle other routine matters such as IPC/BNS offences, EOW matters, ED cases etc. and, thus, these courts are burdened with multiple sensitive matters. A pointed reference has been made to the provisions of the new Criminal Procedure Law to underscore the importance of speedy trial.
4. The affidavit further seeks a direction from this Court for the establishment of Dedicated Court Complexes within the jail premises to conduct the trial of criminal gang-related cases and to issue directions for :
(a) Speedy trial and conviction of the UTP gang members and kingpins.
(b) Fewer opportunities or grounds for seeking bail on the ground of delays in trial proceedings.
(c) Better control over safety and security measures at dedicated court premises, enabling better safety for witnesses as well as accused persons.
(d) Expeditious cognizance in chargesheets filed by police against gang members etc.
(e) Reducing the opportunities for the generation of reels and other social media content glamourizing the criminals’ lives, which are observed when gang-related criminals are transported from jails to court complexes at various locations.
5. We have heard learned Additional Solicitor General of India with reference to the above-mentioned affidavit.
6. While there can be no doubt that the establishment of dedicated courts for speedy trial of hardened criminals or professional gangsters so that the courts are not confronted with a situation to release them on bail; enhanced control over safety and security including of the witnesses; expeditious cognizance of a matter where the chargesheet has been filed, and reduction in generation of social media contents are some of the effective steps which are a need of hour. However, a holistic view is required to be taken by all the stakeholders, especially the Union of India, the Government of NCT of Delhi, and the High Court of Delhi (with reference to the cases pending in the NCT of Delhi). While the High Court would never object to providing speedy trial by establishing dedicated courts for this purpose, this can only happen provided that the Union of India and the Government of NCT of
