New Delhi

The Supreme Court on Wednesday highlighted that establishing additional trial courts would enhance the robustness of the judicial system, allowing accused individuals to seek reliefs such as bail without having to approach the apex court repeatedly or face prolonged delays in criminal proceedings.

The directive comes as the Court continues to monitor progress on a special court proposed to conduct daily hearings in a 2021 case being probed by the National Investigation Agency (NIA) concerning alleged ISIS links of a person in Delhi.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi sought an update from Additional Solicitor General Aishwarya Bhati regarding the establishment of the special court. “The idea is to create a robust mechanism so that accused individuals are not required to come to higher courts repeatedly, which will be possible when additional courts are operational,” the CJI said. The bench asked for a status report by February 10, when the matter will be reviewed again.

The case involves Md Heydaitullah, who allegedly used Telegram groups to propagate ISIS ideology in India and recruit others. The Court noted that delays in trial undermine the accused’s right to expeditious hearings and can lead to prolonged detention without justice. The special court is expected to examine 125 witnesses in a day-to-day trial setup.

The Delhi High Court had earlier denied bail to Heydaitullah, rejecting his argument that mere support for a terrorist organization does not constitute an offense under the Unlawful Activities (Prevention) Act (UAPA). The court observed that Heydaitullah was an active supporter, having taken an oath (Bayath) in 2018 pledging allegiance to ISIS leaders Abu Bakr al-Baghdadi and Abu al-Hasan al-Hashimi al-Qurashi, and promoted “Jihad to establish a caliphate” through violent means.

According to the prosecution, Heydaitullah, an MBA graduate working in Gurugram, had propagated ISIS ideology online, spread communal hatred, and transferred funds in support of ISIS activities. Investigators recovered materials including the oath of allegiance, instructions for making explosives, and other related documents. He was arrested by the NIA on October 22, 2022, following an FIR filed in 2021.

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The Supreme Court’s emphasis on additional special courts reflects its aim to expedite criminal trials, particularly in terrorism-related cases, and to reduce the burden on higher courts while safeguarding the rights of the accused.