On May 27, 2025, the Supreme Court of India highlighted significant delays in trials under the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA). The Court observed that numerous cases under these special statutes are pending, with many undertrial prisoners incarcerated for extended periods without their trials commencing. This situation raises concerns regarding potential violations of Article 21 of the Constitution, which guarantees the right to life and personal liberty.

In response, the Court emphasized the necessity of establishing dedicated courts exclusively for handling cases under these special laws. Such courts would not be burdened with other civil or criminal cases, allowing for day-to-day trials and expeditious disposal of cases. The Court noted that the creation of additional courts falls within the executive domain and requested the Additional Solicitor General to obtain instructions from the Centre within four weeks.

This directive was issued in the case of Kailash Ramchandani v. State of Maharashtra, SLP(Crl) No. 4276/2025. The bench, comprising Justices Surya Kant and N. Kotiswar Singh, underscored the systemic burden caused by the lack of judicial audits and the challenges posed by trials involving numerous witnesses. The Court’s intervention aims to address the prolonged incarceration of undertrials and ensure the timely administration of justice.

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