Structured pilot for NI Act Special Courts uses retired judicial personnel, mediation and video-conferencing to reduce delay.

Persistent pendency of complaints under Section 138 of the Negotiable Instruments Act prompted the SC to operationalise a structured pilot for Special Courts. The pilot was limited to cases where summons had been served and the accused had entered appearance, and it was to be supported by retired judicial officers and retired court staff engaged on a contractual basis. The plan also required specialised training, advance infrastructure and staffing arrangements, use of mediation and video-conferencing, and periodic reporting. The measure was designed to test a workable framework for faster disposal of NI Act complaints and reduce delay.

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Issues: Whether a pilot study should be undertaken to operationalise Special Courts for complaints under Section 138 of the Negotiable Instruments Act through the engagement of retired judicial officers and retired court staff, and what modalities should govern the pilot.

Analysis: The order proceeds on the basis of the continuing and substantial pendency of complaints under Section 138 of the Negotiable Instruments Act and the earlier directions requiring compliance by High Courts. It considers the Expert Committee's proposal, the practical difficulty in creating de novo courts immediately, and the suggestion that retired judicial officers and retired court staff may be used on a contractual basis to make the pilot workable. The Court frames a structured pilot covering the identified High Courts, limits the pilot to cases where service of summons is complete and the accused has entered appearance, requires specialised training, advance planning of infrastructure and staffing, and use of mediation and video-conferencing to reduce delay.

Conclusion: The pilot study was directed to be implemented in the specified districts and on the specified terms, including appointment of retired officers and staff, training, time-bound mediation, and periodic reporting.

Final Conclusion: The order translates the earlier expeditious-trial initiative into an operational pilot scheme for Special NI Act Courts with controlled case selection, contractual staffing, and monitoring mechanisms aimed at faster disposal of pending complaints.

Ratio Decidendi: Where systemic pendency under Section 138 of the Negotiable Instruments Act impedes speedy justice, the Court may direct a structured pilot using retired judicial personnel and ancillary measures to operationalise Special Courts and reduce delay.

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