January 29, 2002
PROGRESS OF FAST TRACK COURTS
During the first nine months of the current financial year ending December 31, 2001, 919 Fast Track Courts have been notified by various States, out of which 579 Fast Track Courts are operational as on date. Another 642 courts are in the process of being set up as construction of courts rooms and other infrastructural facilities is yet to be completed. This process is to be completed by March, 2002. With this, a total of 1561 Fast Track Courts would have been set up by the end of the current financial year. As on December 31, 2001, 18,467 cases had been disposed of by these additional courts.
The States are being persuaded to set up all the 1734 Fast Track Courts approved by the Central Government and earmarked by the 11th Finance Commission. In cases of deficient States, the matter is being taken up at the highest level. States of West Bengal, Punjab, Haryana, Gujarat, Jharkhand and Karnataka have been requested to gear up the progress of the scheme in their jurisdiction. Better performing States include Maharashtra, Rajasthan, Andhra Pradesh, Uttaranchal, Orissa, Madhya Pradesh and Chhattisgarh.
If the Fast Track Courts are set up as per schedule and start functioning smoothly, they will bring to book a number of offenders in major offences. Thus, the Fast Track Courts will be of considerable help in the maintenance of law and order. They will also decongest prisons and lead to improvement in prison administration and savings in expenditure on prisons.
Fast Track Courts are required to dispose of 14 sessions trial cases in a month or 20 to 25 criminal civil cases per month. These courts are taking up on priority the sessions and other cases involving undertrials in jails. At present, there are about 1.8 lakh such undertrials on whose maintenance State Governments are spending about Rs. 361 crores per annum at the rate of Rs. 55 per day per person in jail. The scheme will, thus, effect substantial savings in expenditure on jails. Session cases pending for two years or more in which accused persons have been on bail are also being taken up on priority by the Fast Tack Courts.
In Uttar Pradesh, 206 Fast Track Courts have been notified and set up. In the State of Maharashtra, the results are encouraging. Maharashtra Government is taking steps to set up Fast Track Courts in Mumbai. Similarly, disposal of session cases by the Fast Track Courts in Rajasthan has been encouraging. But Rajasthan has yet to establish the full number of Fast Track Courts.
At the initiative of the Department of Justice, the 11th Finance Commission recommended a provision of Rs. 502.90 crore for creation of 1734 additional courts especially for disposing of long pending important cases in district and subordinate courts. The scheme has been sanctioned by the Government of India. Almost all the States except Himachal Pradesh and Sikkim have submitted their Action Plans. About Rs. 168 crores have already been released to various State Governments.
The scheme of Fast Track courts involves the appointment of ad hoc judges from amongst the retired sessions or additional sessions judges or judges promoted on ad hoc basis and posted in these courts. Consequential vacancies created by ad hoc promotion will be filled through a special drive by State Government so that further pendency is not accumulated in the courts of Magistrates/ civil judges. States are also free to make direct appointment from lawyers in consultation with the High Court and in accordance with the rules applicable in this regard. The Supreme Court is also seized of the matter.