NEW DELHI: The Supreme Court on Thursday asked chief justices of all high courts to examine the status of pending trials in their states under laws such as the UAPA, posing a reverse burden of proof on the accused.

A bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh also directed the State Legal Services Authority to make aware each undertrial of his/her right to representation, either by counsel of their own choice or through a legal aid counsel.

For those who choose the latter, assignments to their cases to the counsel should be made expeditiously so that the proceedings can start/continue at the earliest, it added.

The top court said when a statute like the Unlawful Activities (Prevention) Act imposes a reverse burden, then the State must also ensure that the trial is expedited.

"A constitutional democracy does not legitimise burdens by simply declaring them; it must ensure that those burdened are meaningfully equipped to bear them, even those who are accused of the worst offences imaginable.

"If the State, despite all its might presumes guilt, then the same State must also, with the employment of all the resources at its command, create pathways through which the accused can reclaim their innocence," the bench said.

The top court also asked the chief justices to ascertain the number of special courts designated to try the said offences, and if special courts have not been designated, the number of sessions courts dealing with matters under these legislations and to take up the matter with the appropriate authority if it is found that they are not sufficient.

The bench asked the chief justices to discern whether posting of judicial officers in these courts, as also staffing is sufficient, thereby foreclosing a ground for delay and adjournment, and if not, then a suitable order for posting be issued expeditiously.