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The Ministry of Home Affairs (MHA) has designated two more special National Investigation Agency (NIA) courts in West Bengal aimed at speeding up the trials of the scheduled offences being investigated by the Central anti-terror agency in the state under the Unlawful Activities (Prevention) Act (UAPA). The jurisdiction of the special NIA courts would cover the cases being probed by the Central agency in Uttar Dinajpur, Dakshin Dinajpur, Malda, Murshidabad, Nadia, Birbhum, Paschim Bardhaman, Purba Bardhaman, Bankura, Purulia, Jhargram, Paschim Medinipur, Purba Medinipur, Howrah, Hooghly, North 24 Parganas, South 24 Parganas and Kolkata districts in West Bengal.

Details of the New Courts and Jurisdiction

The Ministry decided, while exercising powers conferred under the National Investigation Agency Act, 2008 and in consultation with the Chief Justice of the High Court of Calcutta and the West Bengal government, to designate "the Special NIA (Exclusive) Court No. 1 and Special NIA (Exclusive) Court No. 2 in City Sessions Court Building, Kolkata as the special courts."

"In exercise of the powers conferred by section 11 of the National Investigation Agency, Act 2008 (34 of 2008), the CentralGovernment- in supersession of the notifications of the Government of India, in the Ministry of Home Affairs, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3765(E), dated the 21st October, 2019 and S.O. 81(E), dated the 06th January, 2020, except as respects things done or omitted to be done before such supersession, in consultation with the Hon'ble Chief Justice of the High Court of Calcutta and the Government of West Bengal- hereby designates the Special NIA (Exclusive) Court No. 1 and Special NIA (Exclusive) Court No. 2 in City Sessions Court Building, Kolkata as the Special Courts for the purpose of sub-section (1) of section 11 of the said Act, exclusively for the trial of the Scheduled Offences investigated by the National Investigation Agency. The jurisdiction of the Special Courts for National Investigation Agency mentioned above shall extend over the districts of Uttar Dinajpur, Dakshin Dinajpur, Malda, Murshidabad, Nadia, Birbhum, Paschim Bardhaman, Purba Bardhaman, Bankura, Purulia, Jhargram, Paschim Medinipur, Purba Medinipur, Howrah, Hooghly, North 24 Parganas, South 24 Parganas and Kolkata in the State of West Bengal," reads a notification issued by the MHA last week.

Further, the notifications mentions, "upon commencement of the functioning of the aforesaid Special NIA (Exclusive) Court No. 1 and Special NIA (Exclusive) Court No. 2, the existing designated Courts at North Bengal i.e. Additional District Judge 1st Court at Siliguri, shall exercise their jurisdiction over the districts of Darjeeling, Jalpaiguri, Cooch Behar, Kalimpong and Alipurduar in the State of West Bengal."

Purpose and Supreme Court's Emphasis

NIA special courts are needed to ensure fast trials, protect witnesses safely, and handle complex terror cases without ordinary court delays. The special NIA courts play a key role in the agency's aim to set the standards of excellence in counter terrorism and other national security-related investigations at the national level by developing into a highly trained, partnership-oriented workforce as well as creating deterrence for existing and potential terrorist groups and individuals.

In December last year, the Supreme Court of India emphasised the necessity of establishing exclusive courts to expedite trials in cases filed by the NIA and under the Unlawful Activities (Prevention) Act (UAPA). In March this year, the Apex Court also called on 17 states and Union Territories (UTs) to identify and report as to how many exclusive courts are required by them to ensure that trials in UAPA cases are conducted on a day-to-day basis and completed "under all circumstances" within one year. (ANI)