9th December, 2002
Ministry of Law & Justice  


PRIORITY IN DISPOSAL OF HUMAN RIGHTS CASES


RAJYA SABHA

The Centre has asked State Governments to expedite setting up of Fast Track Courts in keeping with the direction of the Supreme Court.

In its Judgement of May 6, 2002 in the case of Brij Mohan Lal Vs. Union of India and Others, the Supreme Court has given direction that the High Courts and the State Governments shall ensure that there exists no vacancy in the Fast Track Courts and necessary steps in that regard shall be taken within three months from the date of judgement. The Central Government has also requested the State Governments and the High Courts vide D.O. Letter No. 11013/11/2002-Jus(M)/Pt./230 of August 7, 2002 from Minister of Law and Justice addressed to Chief Ministers of States and Chief Justices of High Courts to take necessary action to fill up all the vacancies in compliance with the directions of the Supreme Court. Further, the State Governments are periodically requested to set up the full number of Fast Track Courts as envisaged in the scheme.

Disposal of cases including Human Rights cases fall within the substantive function of the judiciary. Therefore, the Government can not intervene in the matter. However, the Fast Track Courts have been established to dispose of long pending cases including cases of under trials languishing in jails, on priority. Some of the State Governments have notified "Human Rights Courts’ as provided in Section 30 of the Protection of Human Rights Act’ 93, for disposal of cases expeditiously.

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