Lok Sabha Question No. 269 (STARRED), answered on 2016-08-04
Subject: Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: RAVINDRA KUMAR PANDEY

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

## L O K    S A B H A

## STARRED QUESTION NO. 269

## TO BE ANSWERED ON THURSDAY, THE 4 TH  AUGUST, 2016 FAST TRACK COURTS

## *269 .    SHRI RAVINDRA KUMAR PANDEY:

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

- (a) whether the courts have the right to appoint amicus curiae and order hearing of cases in Fast Track Court (FTC) at any time, if so, the details thereof;
- (b) whether the Supreme Court has decided to hear cases related to crimes against women  specially Delhi gang rape case of December, 2012 in FTC, if so, the detail thereof; and
- (c) the  step  taken/being  taken  by  the  Government  for  expeditious disposal of pending cases and to fill up the vacant posts in the courts?

## A N S W E R

MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

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- (a) to (c): A Statement is laid on the Table of the House.

STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (c)  OF  THE  LOK SABHA STARRED QUESTION NO.269 FOR 4TH    AUGUST,  2016  REGARDING FAST TRACK COURTS

…….

- (a): If a petition is received from the jail or in any other criminal matter, if the  accused  is  unrepresented,  then  an  Advocate  is  appointed  as  amicus curiae  by  the  Court  to  defend  and  argue  the  case  of  the  accused.  In  civil matters also, the Court can appoint an Advocate as amicus curiae if it thinks it  necessary in case of an unrepresented party. The Court can also appoint amicus  curiae  in  any  matter  of  general  public  importance  or  in  which  the interest of the public at large is involved.
- (b): A  three  Judges  Bench  of  the  Supreme  Court  is  currently  hearing  the SPL (Crl.) No.3119-3120 of 2014 (Mukesh & Anr. Vs. State of NCT of Delhi & Ors) relating to Delhi gang rape case every Monday and Friday.
- (c): Government has adopted a coordinated approach to assist judiciary for phased liquidation of arrears and pendency in judicial systems, which, interalia, involves better infrastructure  for  court  including  computerisation, 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  filling  of  vacancies  of  judges/judicial  officers  in  District  and Subordinate  Courts  is  within  the  domain  of  State  Governments  and  High Courts concerned.  For filling of vacancies in District and Subordinate Courts, the  matter  is  regularly  pursued  with  the  High  Courts.    Supreme  Court  is monitoring the recruitment of Subordinate Judiciary in Malik Mazhar Sultan & Another versus U.P. Public Service Commission & Others.

The sanctioned strength of High Court Judges has increased from 906 judges in June 2014 to 1079 in June 2016.  The fresh appointments to the higher  judiciary  could  not  be  made  during  the  period  the  constitutional validity of National Judicial Appointment Commission  was  sub-judice. However, after pronouncement of the judgement of the Supreme Court, while working  on  the  new  draft  of  Memorandum  of  Procedure,  Government  took initiative to resume the process of appointments and 110 Additional Judges of High Courts have been made Permanent Judges and 52 fresh appointments  of  Judges  of  High  Courts  have  been  made  during  the  year 2016.  Four  fresh  appointments  of  Judges  of  the  Supreme  Court  have  also been made in 2016.

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