Lok Sabha Question No. 2058 (UNSTARRED), answered on 2018-03-07
Subject: Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: RAVINDRA KUSHAWAHA, NISHIKANT  DUBEY, KAPIL MORESHWAR PATIL, RAVINDRA KUMAR PANDEY

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)

## L O K    S A B H A

## UNSTARRED QUESTION NO.2058

## TO BE ANSWERED ON WEDNESDAY, THE 7 TH  MARCH, 2018

## FAST TRACK COURTS

## †2058.  SHRI RAVINDER KUSHAWAHA:

SHRI NISHIKANT DUBEY:

SHRI KAPIL MORESHWAR PATIL:

SHRI RAVINDRA KUMAR PANDEY:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the details of Fast Track Courts (FTCs) functioning in the country, Statewise;
- (b) the number of cases disposed of during the last three years and the current year and number of cases presently pending in these courts, State-wise;
- (c) the  total  funds  allocated  and  spent  for  setting  up  of  these  courts  during each of the last three years and the current year;
- (d) whether the Government proposes to set up more FTCs in the country and if so, the details thereof, State-wise;
- (e) whether  the  Government  is  satisfied  with  the  performance  of  FTCs  in delivering rapid justice to litigants and if so, the details thereof;
- (f) whether FTCs are not functioning anymore or the same are proposed to be continued by State Governments owned resources and if so, the respective details of such courts; and
- (g) the steps taken/being taken by the Government to ensure quick disposal of cases filed under these courts?

## A N S W E R

## MINISTER OF STATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS (SHRI P.P. CHAUDHARY)

(a) to (g): The details of FTCs functioning in the country and the number of cases presently pending in these courts (State-wise) as per information received from High Courts is given at Annexure-I .  However, the details of number of cases disposed of  in these courts during the last three years and the current year is  not  maintained  centrally  in  the  Department  of  Justice,  as  their  monitoring comes within the purview of the respective High Courts.

The Government of India had proposed setting up of 1800 FTCs with a cost of Rs. 4144 crores as a component of its Memorandum to the 14 th Finance Commission  (FC)  in  order  to  dispose  of  cases  pertaining  to  heinous  crimes involving women, children etc. The 14 th FC endorsed the proposal of the Union Government and urged the State Governments to use the additional fiscal space provided by the Commission in the tax devolution from 32% to 42% to meet such requirements. The funds earmarked during the 14 th FC Award period Statewise, is given at Annexure-II .

The decision of setting up of FTCs and allocation of funds lies  within the domain of the State Governments who set up such courts as per their need and resources,  in  consultation  with  the  concerned  High  Courts.  In  its  judgment  in Brij  Mohan  Lal  &  Others  vs  Union  of  India  &  Others  on  19.04.2012,  the Supreme  Court  had,  inter  alia,  directed  the  States  that  they  shall  not  take  a decision to continue FTCs on an ad-hoc and temporary basis. They (States) will need to decide either to bring the FTCs scheme to an end or to continue the same as a permanent feature in the State.

The  Union  Government  has  adopted  a  coordinated  approach  to  assist judiciary, which includes FTCs, for phased liquidation of arrears and pendency in  judicial  systems  and  involves  better  infrastructure  for  courts  including computerization,  increase  in  strength  of  judicial  officers/judges,  policy  and legislative measures in the areas prone to excessive litigation and emphasis on human  resource  development.    The  Central  Government  has  urged  the  State Governments  to  allocate  funds  for  the  activities  mentioned  in  the  14 th FC recommendations from their State budgets from 2015-16 onwards. The Minister of Law & Justice has also written letters to all the Chief Ministers of States and the  Chief  Justices  of  High  Courts  to  implement  the  resolution  of  the  Chief Ministers/Chief Justices Conference including the recommendations of the 14 th FC related to FTCs.

……

## Annexure-I

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (g) OF THE LOK SABHA UNSTARRED QUESTION NO.2058 TO BE ANSWERED ON THE 7 TH  MARCH, 2018 REGARDING FAST TRACK COURTS.

| Name of the States/UTs                      | No of Fast Track Courts functional as on 31.12.2017   | No. of Cases Pending in the Fast Track Courts (As on 31.12.2017)   |
|---------------------------------------------|-------------------------------------------------------|--------------------------------------------------------------------|
| Andhra Pradesh , Telangana                  | 72                                                    | 9085                                                               |
| Assam, Arunachal Pradesh, Nagaland, Mizoram | 0                                                     | 0                                                                  |
| Bihar                                       | 55                                                    | 22616                                                              |
| Chhattisgarh                                | 21                                                    | 4292                                                               |
| Delhi                                       | 14                                                    | 6729                                                               |
| Goa                                         | 4                                                     | 4719                                                               |
| Gujarat                                     | 0                                                     | 0                                                                  |
| Haryana                                     | 0                                                     | 0                                                                  |
| Himachal Pradesh                            | 0                                                     | 0                                                                  |
| Jammu &Kashmir                              | 5                                                     | 0                                                                  |
| Jharkhand                                   | 14                                                    | 2136                                                               |
| Karnataka                                   | 0                                                     | 0                                                                  |
| Kerala                                      | 0                                                     | 0                                                                  |
| Madhya Pradesh                              | 0                                                     | 0                                                                  |
| Maharashtra                                 | 100                                                   | 105301                                                             |
| Manipur                                     | 3                                                     | 114                                                                |
| Meghalaya                                   | 0                                                     | 0                                                                  |
| Odisha                                      | 0                                                     | 0                                                                  |
| Punjab                                      | 0                                                     | 0                                                                  |
| Puducherry                                  |                                                       |                                                                    |
| Rajasthan                                   | 0                                                     | 0                                                                  |
| Sikkim                                      | 2                                                     | 13                                                                 |
| Tamil Nadu                                  | 69                                                    | 50641                                                              |
| Tripura                                     | 3                                                     | 891                                                                |
| Uttar Pradesh                               | 273                                                   | 323854                                                             |
| Uttarakhand                                 | 4                                                     | 671                                                                |
| West Bengal                                 | 88                                                    | 39162                                                              |
| Total                                       | 727                                                   | 570224                                                             |

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (g) OF THE LOK SABHA UNSTARRED QUESTION NO. 2058 TO BE ANSWERED ON 7 TH MARCH, 2018 REGARDING FAST TRACK COURTS.

Funds allocated for establishment of 1800 Fast Track Courts for a period of five years (2015-2020) as endorsed by the 14 th Finance Commission:

(Rs. in crore)

| S.No   | Name of the State            |   Funds allocated |
|--------|------------------------------|-------------------|
| 1.     | Andhra Pradesh               |            108.21 |
| 2.     | Telangana                    |             85.18 |
| 3.     | Assam                        |             82.88 |
| 4.     | Arunachal Pradesh            |              0    |
| 5.     | Mizoram                      |             16.12 |
| 6.     | Nagaland                     |              6.91 |
| 7.     | Bihar                        |            338.43 |
| 8.     | Chhattisgarh                 |             64.46 |
| 9.     | Gujarat                      |            400.59 |
| 10.    | Himachal Pradesh             |             29.93 |
| 11.    | Jammu &Kashmir               |             48.35 |
| 12.    | Jharkhand                    |            115.11 |
| 13.    | Karnataka                    |            218.72 |
| 14.    | Kerala, Lakshadweep          |             94.39 |
| 15.    | Madhya Pradesh               |            306.2  |
| 16.    | Maharashtra, D&N, Daman &Diu |            469.67 |
| 17.    | Goa                          |             11.51 |
| 18.    | Manipur                      |              6.91 |
| 19.    | Meghalaya                    |              9.21 |
| 20.    | Orissa                       |            145.04 |
| 21.    | Punjab                       |            115.11 |
| 22.    | Chandigarh                   |              4.61 |
| 23     | Haryana                      |            110.51 |
| 24     | Rajasthan                    |            214.11 |
| 25     | Sikkim                       |              2.3  |
| 26.    | Tamil Nadu, Puducherry       |            204.91 |
| 27     | Tripura                      |             20.72 |
| 28     | Uttar Pradesh                |            488.08 |
| 29     | Uttarakhand                  |             64.46 |
| 30     | West Bengal, A&N Islands     |            216.42 |
| 31     | Delhi                        |            145.05 |
| Total  | Total                        |           4144.11 |

…..