Four Special Courts are slated for establishment in the Union Territory of Jammu and Kashmir, exclusively dedicated to adjudicating cases arising under the Narcotics, Drugs, and Psychotropic Substances Act (NDPSA). The Department of Law, Justice, and Parliamentary Affairs will promptly identify the districts, in consultation with the High Court, where these specialised courts will be operational. Jammu and Kashmir finds itself ensnared in the clutches of a protracted drug menace, with higher authorities incessantly emphasising the imperative need for resolute action. Despite sporadic, sizeable narcotics seizures and numerous arrests for small-scale drug offences, a discernible lack of focus on securing convictions has become glaringly evident. This absence of legal consequences serves to embolden the perpetrators entrenched in this nefarious trade, allowing the drug menace to permeate every crevice of the Union Territory.
The gravity of the situation is underscored by the alarming spread of the drug trade, unabated by the intermittent apprehensions and seizures. Numerous stringent laws exist to combat narcotics; however, the current bottleneck lies in the inadequacy of regular courts, both in terms of time and infrastructure, to accord precedence to each case arising under NDPSA. The consequential fallout manifests as an extensive backlog, perpetuating the unchecked proliferation of the drug menace in Jammu and Kashmir. The absence of Special Courts designated for handling cases under the NDPSA exacerbates the issue, despite the Central Government’s authorization to States and Union Territories for their establishment. Astonishingly, even after a decade of Supreme Court directives in 2013 mandating the establishment of such courts, Jammu and Kashmir remains remiss in this crucial aspect. The High Court of Jammu and Kashmir and Ladakhholds the authority to institute these courts, contingent upon the provision of districts and funds by the UT Government. However, the pervasive delay has incurred the displeasure of the High Court, despite explicit instructions to prioritise cases lingering for five years or more. The sheer volume of NDPSA cases renders preferential treatment challenging, accentuating the need for decisive action.
Recognising the escalating gravity of the situation, the Chief Secretary has now issued directives for the Department of Law, Justice, and Parliamentary Affairs, in tandem with the High Court, to identify districts conducive to hosting these long-awaited Special Courts. The urgency of the situation requires an emphasis on selecting districts grappling with a pronounced incidence of NDPSA cases. The protracted legal proceedings contribute to the perilous overcrowding of jails, allowing numerous accused individuals to secure bail and seamlessly re-enter the narcotics trade. The dire state of drug addiction is epitomised by hospitals and counselling centres admitting a new patient every 10 to 15 minutes. Even a Parliamentary committee report has highlighted the extensive drug menace in the UT.
Amidst the profound concern pervading society regarding the rampant drug menace, the onus falls squarely on the administration to take the requisite steps. Timely convictions, once Special Courts are established, promise to rectify investigative loopholes, transforming accused individuals into convicts with stringent verdicts. This, in turn, stands as a formidable deterrent against both present and future purveyors of illicit substances. Every individual in society bears an imperative responsibility to confront the prevailing crisis. The situation necessitates a resolute approach to tackle the issue head-on. It mandates the dismantling of narcotics modules through meticulous investigation, ensuring foolproof case presentations, and expeditious justice delivery through the newly established Special Courts. The initiation of the first crucial step in establishing these specialised judicial entities augurs a hopeful trajectory, with anticipated outcomes aligning with the desired objectives in the imminent future. The Administration’s recent action represents a step in the right direction, with the establishment of these long-overdue courts poised to serve as a formidable tool in combating the narcotics scourge in Jammu and Kashmir. A consistent law enforcement crackdown, coupled with timely convictions, emerges as the linchpin for eradicating this pervasive societal malady.
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