Lok Sabha Question No. 852 (UNSTARRED), answered on 2017-12-20
Subject: Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: MD. BADARIDDOZA KHAN, HARINDER SINGH KHALSA, MOHAMMAD SALIM

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

## L O K    S A B H A UNSTARRED QUESTION NO.852

## TO BE ANSWERED ON WEDNESDAY, THE 20 TH  DECEMBER, 2017

## Fast Track Courts

## 852.   SHRI MD. BADARUDDOZA KHAN: SHRI HARINDER SINGH KHALSA: SHRI MOHD. SALIM:

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

- (a) the number of Fast Track Courts in the country as on date, State-wise;
- (b) the details of funds allocated and spent for these courts during the last five years, year-wise and State-wise;
- (c) the details of cases pending in these courts as on date, State-wise;
- (d) whether there is huge pendency of  cases concerning rape, molestation and other crimes related to women and girls and if so, the details thereof, State-wise;
- (e) whether the dealing Sessions Judges took long leaves during the consideration of urgent matter in FTC and if so, the details thereof; and
- (f) the measures taken by the Government to curb the tendency of taking long leaves by judges while the urgent matter of persons in judicial custody were to be heard?

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

(a) & (c): The setting up of Fast Track Courts (FTCs) lies within the domain of the State Governments as per their need and resources, in consultation with the concerned High Courts.  As  per  information  available,  at  present,  722  FTCs  are  functional  in  the country. The State-wise break-up of functional FTCs as well as details of cases pending in these courts, State-wise is given at Annexure-I.

(b) The 11 th Finance Commission had recommended a scheme for creation of 1734  FTCs  in  the  country  for  disposal  of  long  pending  cases  and  the  cases involving  undertrial  prisoners.  The  scheme  that  was  recommended  by  the  11 th

Finance  Commission  was  for  a  period  of  five  years  upto  2004-05  and  central funding was continued upto 31 st March, 2011.

An amount of Rs.870 crore was released to the State Governments for FTCs during a period of 11 years from 2000-01 to 2010-2011 and Central funding was discontinued beyond 31.03.2011. In its judgment in Brij Mohan Lal & Others Vs Union of India & Others on 19.04.2012, the Hon'ble Supreme Court had endorsed the  position  of  Government  of  India  that  continuation  of  FTCs  is  within  the domain of the States and directed the States that they need to decide either to bring the FTC scheme to an end or to continue the same as a permanent feature in the States.  A  number  of  States  have  continued  FTCs  beyond  31.03.2011  with  their own resources.

However,  the Central Government  decided  to provide funds upto a maximum of Rs.80 crore per annum on a matching basis upto 31.03.2015 from the 13 th Finance Commission Award for meeting expenditure on salaries of the 10% additional positions of Judges being created in the subordinate judiciary pursuant to the direction of Supreme Court in the Brij Mohan Lal Vs. Union of India case.

The  14 th Finance  Commission  had  endorsed  the  proposal  of  the  Union Government to strengthen the judicial system in States which includes, inter-alia, establishing 1800 FTCs for a period of five years for all cases of heinous crimes like  cases  involving  senior  citizens,  women,  children  etc.  at  a  cost  of  Rs.4144 crore and urged the State Governments to use the additional fiscal space provided by the Commission in the tax devolution to meet such requirements. The Statewise funds earmarked as per the recommendations of the14 th Finance Commission is given at Annexure-II .  The details of funds spent for these courts during the last five years, year-wise and State-wise are not maintained centrally.

(d): The information on the pendency of cases concerning rape, molestation and other crimes related to women and girls is not maintained centrally.

(e)  &  (f):  The  administration  of  Service  Matters  including  Leave  Rules  of Subordinate  Judiciary  is  governed  by  the  respective  High  Courts  and  the  State Governments.

***

## Annexure-I

STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  &  (c)  OF  THE  LOK  SABHA UNSTARRRED  QUESTION  NO.852  TO  BE  ANSWERED  ON  20 TH   DECEMBER,  2017 REGARDING FAST TRACK COURTS

| Name of the Status/UTs                      |   No of Fast Track Courts |   Number of cases pending as on 30.09.2017 |
|---------------------------------------------|---------------------------|--------------------------------------------|
| Andhra Pradesh , Telangana                  |                        72 |                                       8687 |
| Assam, Arunachal Pradesh, Nagaland, Mizoram |                         0 |                                          0 |
| Bihar                                       |                        55 |                                      55469 |
| Chhattisgarh                                |                        21 |                                       4328 |
| Delhi                                       |                        14 |                                       3247 |
| Goa-*                                       |                         4 |                                       2393 |
| Gujarat                                     |                         0 |                                          0 |
| Haryana                                     |                         0 |                                          0 |
| Himachal Pradesh                            |                         0 |                                          0 |
| Jammu &Kashmir                              |                         0 |                                          0 |
| Jharkhand                                   |                        14 |                                       2192 |
| Karnataka                                   |                         0 |                                          0 |
| Kerala                                      |                         0 |                                          0 |
| Madhya Pradesh                              |                         0 |                                          0 |
| Maharashtra                                 |                       100 |                                      97942 |
| Manipur                                     |                         3 |                                        109 |
| Meghalaya                                   |                         0 |                                          0 |
| Odisha                                      |                         0 |                                          0 |
| Punjab                                      |                         0 |                                          0 |
| Puducherry                                  |                         0 |                                          0 |
| Rajasthan                                   |                         0 |                                          0 |
| Sikkim                                      |                         2 |                                         10 |
| Tamil Nadu                                  |                        69 |                                      50641 |
| Tripura                                     |                         3 |                                        939 |
| Uttar Pradesh                               |                       273 |                                     323854 |
| Uttarakhand                                 |                         4 |                                        624 |
| West Bengal                                 |                        88 |                                      38557 |
| Total                                       |                       722 |                                     588992 |

## Annexure-II

STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (b)  OF  THE  LOK  SABHA UNSTARRRED  QUESTION  NO.852  TO  BE  ANSWERED  ON  20 TH   DECEMBER,  2017 REGARDING FAST TRACK COURTS

Funds earmarked for establishment of 1800 Fast Track Courts for a period of five years (20152020) as endorsed by the 14 th Finance Commission

(Rs. in crore)

| S.No   | Name of the State            |   Funds earmarked/allocated |   No. of FTCs to be established |
|--------|------------------------------|-----------------------------|---------------------------------|
| 1.     | Andhra Pradesh               |                      108.21 |                              47 |
| 2.     | Telangana                    |                       85.18 |                              37 |
| 3.     | Assam                        |                       82.88 |                              36 |
| 4.     | Arunachal Pradesh            |                        0    |                               0 |
| 5.     | Mizoram                      |                       16.12 |                               7 |
| 6.     | Nagaland                     |                        6.91 |                               3 |
| 7.     | Bihar                        |                      338.43 |                             147 |
| 8.     | Chhattisgarh                 |                       64.46 |                              28 |
| 9.     | Gujarat                      |                      400.59 |                             174 |
| 10.    | Himachal Pradesh             |                       29.93 |                              13 |
| 11.    | Jammu &Kashmir               |                       48.35 |                              21 |
| 12.    | Jharkhand                    |                      115.11 |                              50 |
| 13.    | Karnataka                    |                      218.72 |                              95 |
| 14.    | Kerala, Lakshadweep          |                       94.39 |                              41 |
| 15.    | Madhya Pradesh               |                      306.2  |                             133 |
| 16.    | Maharashtra, D&N, Daman &Diu |                      469.67 |                             204 |
| 17.    | Goa                          |                       11.51 |                               5 |
| 18.    | Manipur                      |                        6.91 |                               3 |
| 19.    | Meghalaya                    |                        9.21 |                               4 |
| 20.    | Orissa                       |                      145.04 |                              63 |
| 21.    | Punjab                       |                      115.11 |                              50 |
| 22.    | Chandigarh                   |                        4.61 |                               2 |
| 22.    | Haryana                      |                      110.51 |                              48 |
| 23.    | Rajasthan                    |                      214.11 |                              93 |
| 24.    | Sikkim                       |                        2.3  |                               1 |
| 25.    | Tamil Nadu, Puducherry       |                      204.91 |                              89 |
| 26.    | Tripura                      |                       20.72 |                               9 |
| 27.    | Uttar Pradesh                |                      488.08 |                             212 |
| 28.    | Uttarakhand                  |                       64.46 |                              28 |
| 29.    | West Bengal, A&N Islands     |                      216.42 |                              94 |
| 30.    | Delhi                        |                      145.05 |                              63 |
| Total  | Total                        |                     4144.11 |                            1800 |