No bail in NIA cases if trial is concluded timely in six months, Supreme Court suggests

The Supreme Court on Tuesday, November 18, 2025, stated that bail can be stayed in cases investigated by the National Investigation Agency (NIA), provided that the hearing is concluded within six months.

A Bench headed by Justice Surya Kant agreed with Additional Solicitor General Aishwarya Bhati, acting on behalf of the Union government, that the NIA investigate cases of national resonance.

The court was considering the establishment of sufficient number of “special and exclusive” NIA courts.

“We will see that these courts work specifically for you day and night.” [NIA]Judge Kant remarked.

At the hearing, lawyers argued that special courts established to try crimes within the scope of a particular special law ultimately have their files blocked by other cases, defeating the purpose of establishing these courts.

The apex court has repeatedly cited the heavy burden of judges having to perform multiple duties; to handle ordinary criminal cases while devoting time to prosecuting terrorist and heinous crimes. Delays in hearings cause ongoing cases in prisons to languish.

In an earlier hearing, the top court had emphasized that stagnant or non-starting cases were mainly due to the existing courts being given the responsibility of doubling up as NIA and Special Courts.

“Appointment of an existing tribunal or transfer of special proceedings under the NIA Act to such designated courts would unquestionably come at the expense of other cases, including hundreds of under-trial persons, senior citizens and marginalized persons languishing in jail,” Justice Kant had asked the Center in July.