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Dr. RAMESH KUMAR

SCHEME OF FAST TRACK COURTS

Introduction

Fast track courts are set up by government to dispose the long pending cases related to
one particular issue [ like corruption, women safety, environment etc]

11th finance commission recommendations

The Eleventh Finance Commission recommended a scheme for creation of 1734 Fast
Track Courts (FTCs) in the country for disposal of long pending Sessions and other cases

What is the need to establish fast track courts

A unique feature of the scheme is that it is going to prove to be cost effective. This is so
because the new courts have been charged with the exclusive work of disposing of
undertrial cases in the first year of their existence. A large majority of undertrials being
those who had been booked for petty/minor offences, they are bound to be discharged
forthwith as most of them have been behind bars for periods which are longer than the
punishment warranted by the offence. In plain terms, this will mean a huge saving in jail
expenditure

Indian jails are, in fact, brimming with prisoners. Against the sanctioned capacity of 2.56
lakh, jails in the country are crowded by more than five lakh inmates. This is resulting in
all sorts of complications. So establishing FTC becomes necessary..

Who finances fast track courts

The Finance Commission Division (FCD), Ministry of Finance releases funds directly to the
state Governments under the scheme of Fast Track Courts.

The Government has discontinued the scheme of central assistance to States for Fast
Track Courts (FTCs) since 1.4.2011. However, several States have continued Fast Track
Courts from their own resources

Who can establish fast track courts

It is the primary responsibility of the State Governments to establish these courts in

consultation with the concerned High Courts.

Who monitors fast track courts

The Supreme Court is monitoring the functioning of Fast Track Courts

Brij Mohan Lal and Others versus Union of India and Others case

NATIONAL ISSUE
04.01.2013
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Dr. RAMESH KUMAR

In Brij Mohan Lal and Others versus Union of India and Others case , the Supreme Court
has directed that States shall continue Fast Track Courts Scheme only if this is made a
permanent feature

What the scheme says

As per the Centres action plan, the fast track courts will be required to dispose of 14
sessions trial cases and/or 20 to 25 criminal/civil cases every month. The State
Governments and High Courts have been requested to make effective arrangement for
representation on behalf of the prosecution and to ensure quick process service.

The scheme envisages the appointment of ad hoc judges from among retired
sessions/additional sessions judges, judges promoted on ad hoc basis and posted in
these courts or from among members of the Bar. Selection of judges will be done by the
High Courts.

The scheme envisages the setting up of an average of five fast track courts in each
district of the country.

Fast track courts in different states

State-wise distribution has, however, been done keeping in view the pendency of cases
and the average rate of disposal of cases in courts. Uttar Pradesh will have the largest
number of additional courts followed by Maharashtra, Bihar, and Gujarat so on..

Why recently in news

Recently first of the five newly announced fast-track courts is inaugurated to try cases
related to sexual offence against women in Delhi.

NATIONAL ISSUE
04.01.2013