SUPREME COURT RULING ON FAST TRACK COURTS

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RAJYA SABHA

The Supreme Court in its judgement of May 6, 2002 in the case of Brij Mohan Lal Vs. Union of India and Others have upheld the Constitutional and legal validity of Fast Track Courts scheme and have laid down guidelines for their efficient functioning and the monitoring of their performance.

The programme of action is laid down in the recommendations of the Eleventh Finance Commission and the guidelines prescribed by the Supreme Court. It is the primary responsibility of the State Governments to establish Fast Track Courts as envisaged under the Scheme. The Central Government is also constantly persuading the State Governments and the High Courts to make all the Fast Track Courts functional as soon as possible.

The Supreme Court in its judgement of May 6, 2002 has directed as follows:

"At least one Administrative Judge shall be nominated in each High Court to monitor the disposal of cases by Fast Track Courts and to resolve the difficulties and shortcomings, if any, with the administrative support and cooperation of the concerned State Government. State Government shall ensure requisite cooperation to the Administrative Judge."

The Supreme Court in its Judgement of May 6, 2002 has directed, "The High Court and the State Government shall ensure that there exists no vacancy so far as the Fast Track Courts are concerned, and necessary steps in that regard shall be taken within three months from today. In other words, steps should be taken to set up all the Fast Track Courts within the stipulated time."

The direction given by the Supreme Court has been communicated to the State Governments and High Courts for their compliance.

This information was given by the Union Minister of Law and Justice Shri K. Jana Krishnamurthi in a written reply to a question from Ms. Ambika Soni in the Rajya Sabha today.