Lok Sabha Question No. 662 (UNSTARRED), answered on 2015-07-23
Subject: Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: YOGI ADITYANATH, SULTAN  AHMED, NISHIKANT  DUBEY, POONAMBEN HEMATBHAI MAADAM, RAMACHANDRAN MULLAPPALLY, HARISHCHANDRA DEORAM CHAVAN

GOVERNMENT OF INDIA

MINISTRY OF LAW & JUSTICE

(DEPARTMENT OF JUSTICE)

L O K   S A B H A

UNSTARRED QUESTION NO.662

TO BE ANSWERED ON THURSDAY, THE 23 RD JULY, 2015

Fast Track Courts

+662.		SHRI YOGI ADITYA NATH:

SHRI SULTAN AHMED:

SHRI NISHIKANT DUBEY:

SHRIMATI POONAMBEN MAADAM:

SHRI HARISHCHANDRA CHAVAN:

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

(a) 	the aims and objectives of Fast Track Courts (FTCs) system/scheme;

2. the  number of FTCs established and their present status along with the number of cases disposed of  and left pending, State/UT-wise;

1. the expenditure incurred by the Government on establishment of FTCs, State/UT-wise;

1. whether  the  Government has  discontinued the financial assistance to the States for FTCs and if so, the details thereof along with the reasons therefor;

1. whether there is any proposal to revive FTCs system in view of rise in criminal and corruption cases in the country and if so, the steps taken/being taken by the  Government in this regard and if not the reasons therefor?

A N S W E R

MINISTER OF LAW & JUSTICE

(SHRI D.V. Sadananda Gowda )

(a) :	The 11 th Finance Commission had recommended a scheme for creation of 1734 Fast Track Courts (FTCs) in the country for disposal of long pending cases and the cases involving undertrial prisoners.

(b):	A statement indicating the number of FTCs approved for  11 th Finance Commission funding in the year 2000, functioning as on 31/03/2005, 31/03/2011 and as per the latest available reports is enclosed at **Annexure-I** .  As per the information available, a statement indicating the number of cases transferred, disposed of and pending  in FTCs  is enclosed at Annexure-II.

(c):	A statement indicating the State/UT-wise grant released  by the Government for  Fast Track Courts is enclosed at Annexure-III.

(d):	The scheme recommended by the  11 th Finance Commission was for a period of five years upto 2004-05.  The Government accorded its approval for the continuation of central funding of 1562 Fast Track Courts that were operational as on 31.3.2005 for a further period of 5 years i.e. up to 31 st March, 2010 **.  The scheme was continued for another one year upto 31** **st** **March, 2011, and central funding for these FTCs** has been discontinued with effect from 1 st April, 2011.

In its judgment in Brij Mohan Lal & Others vs Union of India & Others on 19.04.2012, Supreme Court has endorsed the position of Government of India that continuation of FTCs is within the domain of the States and has directed the States that they need to decide either to bring the Fast Track Courts scheme to an end or to continue the same as a permanent feature in the State.  A number of states have continued FTCs beyond 31.03.2011 with their own resources.

(e) : Setting up of courts including Fast Track Courts (FTCs) is the responsibility of the State Governments. In the Conference of Chief Ministers and Chief Justices held in New Delhi on 7 th April, 2013, it was resolved that the State Governments shall, in consultation with the Chief Justices of the respective High Courts, take necessary steps to

establish suitable number of FTCs relating to offences against women, children, differently abled persons, senior citizens and marginalized sections of the society, and provide adequate funds for the purpose of creating and continuing them. Government has requested the State Governments and the Chief Justices of the High Courts to implement this decision.

The 14 th Finance Commission has endorsed the proposal to strengthen the judicial system in States which includes, inter-alia, establishing 1800 FTCs for a period of five years for cases of heinous crimes; cases involving senior citizens, women, children, disabled and litigants affected with   HIV AIDS and other terminal ailments; and civil disputes involving land acquisition and property/rent disputes pending for more than five years at a cost of Rs.4144 crore.  The 14 th Finance Commission has urged State Governments to use the additional fiscal space provided by the Commission in the tax devolution to meet such requirements.

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**Annexure-I**

**STATEMENT REFERRED TO IN REPLY TO Part (b) of  THE LOKSABHA UNSTARRED QUESTION NO. 662 TO BE ANSWERED ON 23** **RD** **July,  2015**

STATEMENT REGARDING NUMBER OF FAST TRACK COURTS APPROVED FOR 11 TH FINANCE COMMISSION FUNDING IN 2000, FUNCTIONAL AS ON 31.3.2005, 31.3.2011 AND  AS ON THE DATE MENTIONED

| Sl.  No.   | Name of the State   | Approved no. of FTCs as in 2000   | No. of FTCs functional as on 31.03.2005   | No. of FTCs functional as on 31.3.2011   |   No. of FTCs functioning | As on     |
|------------|---------------------|-----------------------------------|-------------------------------------------|------------------------------------------|---------------------------|-----------|
| 1          | Andhra Pradesh      | 86                                | 86                                        | 108                                      |                        72 | April, 14 |
| 2          | Arunachal Pradesh   | 5                                 | 3                                         | 3                                        |                         0 | March, 14 |
| 3          | Assam               | 20                                | 20                                        | 20                                       |                        20 | Oct.12    |
| 4          | Bihar               | 183                               | 150                                       | 179                                      |                       179 | March.11  |
| 5          | Chhattisgarh        | 31                                | 31                                        | 25                                       |                        21 | April,14  |
| 6          | Goa                 | 5                                 | 5                                         | 5                                        |                         3 | July, 14  |
| 7          | Gujarat             | 166                               | 166                                       | 61                                       |                        61 | Feb.,11   |
| 8          | Haryana             | 36                                | 16                                        | 6                                        |                         6 | Dec.10    |
| 9          | Himachal Pradesh    | 9                                 | 9                                         | 9                                        |                         0 | June, 14  |
| 10         | Jammu & Kashmir     | 12                                | -                                         | -                                        |                         5 | June, 14  |
| 11         | Jharkhand           | 89                                | 89                                        | 39                                       |                        11 | March, 14 |
| 12         | Karnataka           | 93                                | 93                                        | 87                                       |                        39 | March, 14 |
| 13         | Kerala              | 37                                | 31                                        | 38                                       |                        38 | Aug., 13  |
| 14         | Madhya Pradesh      | 85                                | 66                                        | 84                                       |                        84 | Dec.10    |
| 15         | Maharashtra         | 187                               | 187                                       | 51                                       |                        92 | June, 14  |
| 16         | Manipur             | 3                                 | 2                                         | 2                                        |                         2 | Oct.12    |
| 17         | Meghalaya           | 3                                 | 3                                         | 3                                        |                         3 | June, 14  |
| 18         | Mizoram             | 3                                 | 3                                         | 3                                        |                         3 | March 11  |
| 19         | Nagaland            | 3                                 | 2                                         | 2                                        |                         2 | Oct. 12   |
| 20         | Odisha              | 72                                | 41                                        | 35                                       |                        30 | June, 14  |
| 21         | Punjab              | 29                                | 18                                        | 15                                       |                        20 | March, 14 |
| 22         | Rajasthan           | 83                                | 83                                        | 83                                       |                         0 | March.14  |
| 23         | Sikkim              | 3                                 | -                                         | -                                        |                         1 | March, 14 |
| 24         | Tamil Nadu          | 49                                | 49                                        | 49                                       |                        32 | June, 14  |
| 25         | Tripura             | 3                                 | 3                                         | 3                                        |                         2 | June, 14  |
| 26         | Uttar Pradesh       | 242                               | 242                                       | 153                                      |                        80 | Feb 15    |
| 27         | Uttarakhand         | 45                                | 45                                        | 20                                       |                         0 | July, 14  |
| 28         | West Bengal         | 152                               | 119                                       | 109                                      |                        77 | April, 15 |
| 29         | Delhi               | -                                 | -                                         | -                                        |                        10 | May, 15   |
|            | ***Total***         | **1734**                          | 1562                                      | 1192                                     |                       893 |           |

**Annexure-II**

**STATEMENT REFERRED TO IN REPLY TO PART (b)  OF THE LOK  UNSTARRED QUESTION NO. 662 TO BE ANSWERED ON 23** **RD** **JULY,  2015**

STATEMENT REGARDING NUMBER OF CASES TRANSFERRED TO FAST TRACK COURTS (FTCs), DISPOSED BY FTCs AND PENDING IN FTCs

|   ## Sl.  ## No | Name of the state   | Number of cases transferred to FTCs since inception   | ## No. of cases disposed  ## off since inception by  ## FTCs   | No. of cases pending in FTCs   |       As on   |
|-----------------|---------------------|-------------------------------------------------------|----------------------------------------------------------------|--------------------------------|---------------|
|               1 | Andhra Pradesh      | 265545                                                | 248457                                                         | 17088                          | April, 14     |
|               2 | Arunachal Pradesh   | 4162                                                  | 1660                                                           | 2502                           | March, 11     |
|               3 | Assam               | 84098                                                 | 72240                                                          | 11858                          | Oct.12        |
|               4 | Bihar               | 239278                                                | 159105                                                         | 80173                          | March.11      |
|               5 | Chhattisgarh        | 94670                                                 | 76575                                                          | 18095                          | March.11      |
|               6 | Goa                 | 10185                                                 | 8590                                                           | 1595                           | Feb., 14      |
|               7 | Gujarat             | 537636                                                | 434296                                                         | 103340                         | Feb.,11       |
|               8 | Haryana             | 38359                                                 | 33590                                                          | 4769                           | Dec.10        |
|               9 | Himachal Pradesh    | 54651                                                 | 47480                                                          | 7171                           | Dec.12        |
|              10 | Jammu & Kashmir     | NA                                                    | NA                                                             | NA                             |               |
|              11 | Jharkhand           | 110027                                                | 87789                                                          | 22238                          | March 11      |
|              12 | Karnataka           | 218402                                                | 184067                                                         | 34335                          | Aug.10        |
|              13 | Kerala              | 135839                                                | 116843                                                         | 18996                          | Aug., 13      |
|              14 | Madhya Pradesh      | 360602                                                | 317363                                                         | 43239                          | Dec.10        |
|              15 | Maharashtra         | 423518                                                | 381619                                                         | 41899                          | Feb.11        |
|              16 | Manipur             | 3512                                                  | 3287                                                           | 225                            | Oct.12        |
|              17 | Meghalaya           | 1288                                                  | 973                                                            | 315                            | Oct.12        |
|              18 | Mizoram             | 1868                                                  | 1635                                                           | 233                            | March 11      |
|              19 | Nagaland            | 845                                                   | 786                                                            | 59                             | Oct. 12       |
|              20 | Odisha              | 73093                                                 | 67700                                                          | 5393                           | March.12      |
|              21 | Punjab              | 58570                                                 | 46347                                                          | 12223                          | Dec.10        |
|              22 | Rajasthan           | 149447                                                | 123024                                                         | 26423                          | March.11      |
|              23 | Sikkim              | NA                                                    | NA                                                             | NA                             |               |
|              24 | Tamil Nadu          | 411957                                                | 371336                                                         | 40621                          | Aug., 10      |
|              25 | Tripura             | 5812                                                  | 5591                                                           | 221                            | March 11      |
|              26 | Uttar Pradesh       | 0                                                     | 0                                                              | 0                              | March 11      |
|              27 | Uttarakhand         | 112726                                                | 103208                                                         | 9518                           | June,12       |
|              28 | West Bengal         | 202944                                                | 173299                                                         | 29652                          | April 15      |
|              29 | Delhi               | NA                                                    | NA                                                             | 2028                           | May 15        |

NA- Not available

**Annexure –III**

**STATEMENT REFERRED TO IN REPLY TO PART (c)  OF THE LOK  UNSTARRED QUESTION NO. 662 TO BE ANSWERED ON 23** **RD** **JULY,  2015**

**Central Grants released to States for Fast Track Courts**

(Rs. In lakh)

| Sl. No    | Name of the state   |   Grant Released |
|-----------|---------------------|------------------|
| 1         | Andhra Pradesh      |          4864.50 |
| 2         | Arunachal Pradesh   |           143.89 |
| 3         | Assam               |          1133.30 |
| 4         | Bihar               |          9326.70 |
| 5         | Chhattisgarh        |          1675.90 |
| 6         | Goa                 |           262.70 |
| 7         | Gujarat             |          7574.98 |
| 8         | Haryana             |           807.90 |
| 9         | Himachal Pradesh    |           334.56 |
| 10        | Jammu & Kashmir     |           300.60 |
| 11        | Jharkhand           |          3943.67 |
| 12        | Karnataka           |          4938.80 |
| 13        | Kerala              |          1757.65 |
| 14        | Madhya Pradesh      |          4067.20 |
| 15        | Maharashtra         |          8801.60 |
| 16        | Manipur             |           150.80 |
| 17        | Meghalaya           |           181.20 |
| 18        | Mizoram             |           184.48 |
| 19        | Nagaland            |           124.28 |
| 20        | Odisha              |          2978.60 |
| 21        | Punjab              |          1205.30 |
| 22        | Rajasthan           |          5116.69 |
| 23        | Sikkim              |            29.70 |
| 24        | Tamil Nadu          |          2641.60 |
| 25        | Tripura             |           108.36 |
| 26        | Uttar Pradesh       |         13596.61 |
| 27        | Uttarakhand         |          3168.62 |
| 28        | West Bengal         |          7590.40 |
|           | *Total*             |         87010.60 |