New Delhi: In a submission before the Supreme Court, the Delhi Police Thursday cited 288 cases where trials against criminal gangs operating in the capital are still pending, some marked by years-long delays.
In its affidavit before the top court, it also proposed creation of dedicated court complexes within jail premises to specifically handle trials related to organised crime and gang-related offences. This is aimed at accelerating the pace of long-pending criminal trials, particularly those involving multiple accused under stringent laws like the Maharashtra Control of Organised Crime Act (MCOCA) and the National Security Act (NSA).
Delhi Police filed this additional affidavit in response to a directive issued by the Supreme Court on 24 April in a Special Leave Petition (SLP) involving Mahesh Khatri, a repeat offender described by police as a “hardened criminal” with more than a dozen serious cases registered against him since 2013. The top court had earlier expressed concern over the delays in Khatri’s 15 pending trials, one of which has remained unresolved for over 12 years. Khatri has sought bail from the Supreme Court after the Delhi HC rejected his bail plea last November.
Earlier, on 3 February, the apex court had expressed concern over his “repeated misuse” of bail in multiple prior instances and directed the Delhi Police to file a status report on the 15 pending trials involving him and to explain the prolonged delay in concluding those proceedings.
One of these cases—an FIR dating back to 2013—has seen no resolution in over 12 years, prompting the court to remark that such inordinate delay strikes at the “very heart” of constitutional values.
The Delhi Police’s affidavit, submitted by the Deputy Commissioner of Police (DCP) for Outer North District, paints a stark picture of the judicial burden in Delhi—where 288 criminal cases against gangsters and organised gangs are currently pending trial. Of these, 108 have had charges framed, while 180 are still awaiting that first procedural step.
Among the 108 framed cases, nearly half have been pending for more than two years. Most significantly, 89 of these 108 cases remain stuck at the prosecution evidence stage, with only three having led to convictions.
The affidavit notes that in several cases, trials have lingered for three to four years after framing of charges, and that the average time to dispose of cases was two years. The affidavit identifies organised criminal gangs as a key factor complicating trial timelines.
Many gang members are co-accused in common FIRs and chargesheets, leading to joint trials before a single court. Several gangsters are also prosecuted under MCOCA, which mandates proceedings before specially designated courts. However, these special courts are heavily overburdened, often handling not just gang-related cases but also matters under the Indian Penal Code (IPC), Bharatiya Nyaya Sanhita (BNS), Economic Offences Wing (EOW), and Enforcement Directorate (ED).
To address the backlog, the Delhi Police has proposed the establishment of dedicated court complexes within jail premises for the trial of gang-related cases. The affidavit argues that such a measure would greatly reduce logistical delays, limit opportunities for accused criminals to exploit trial delays for bail, and enhance the security of witnesses and court staff.
It would also allow quicker cognisance of fresh chargesheets, especially involving newly inducted gang members, and facilitate the timely application of special laws such as MCOCA and the NSA. Another advantage cited is reduction in opportunities for glorification of gangsters on social media, often seen during their transportation to courts from jails.
Alongside this infrastructural proposal, the affidavit points to recent procedural reforms under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, aimed at expediting the criminal justice process.
Key features of BNSS include mandatory cognizance by magistrates within 14 days of receiving the chargesheet, framing of charges within 60 days of the first hearing, and delivery of judgments within 45 days of trial conclusion. It also mandates the supply of police reports and other documents to the accused within 14 days, and introduces the use of audio-video means for recording appearances, trials, and evidence.
Provisions for in absentia trials against absconders, digital evidence admissibility, restricted adjournments, and protection programs for witnesses further aim to streamline proceedings.
Ruchi Bhattar is an alum of ThePrint School of Journalism
(Edited by Amrtansh Arora)