Law Minister Kiren Rijiju writes to High Court Chief Justices about setting up more Fast Track Courts, timely disposal of cases

Law Minister Kiren Rijiju has written to Chief Justices of all High Courts across the country raising concerns about the pendency of cases that are to be tried before Fast Track Courts and Fast Track Special Courts, as well as the under-utilisation of funds set aside for setting up more such courts..The letter highlighted the need for robust functioning of such courts as the safety and security of female citizens, children and citizens belonging to marinalised communities are affected by the same..In this regard, the Law Minister has requested the Chief Justices to personally look into the following issues: In view of the huge pendency of cases, the balance number of FTCs (fast track courts) in your respective jurisdiction may be set up with due consultation of the State Government as envisaged in the 14th FC through increased share of fund devolution to States and as urged by the Union Government;As per the centrally sponsored scheme of FTSCs (fast track special courts) the remaining number of courts in your respective jurisdiction may be setup and operationalized on priority basis;To ensure the speedy disposal of cases and prevent creation of backlog, necessary instructions and support may be given to the courts concerned and a strict monitoring mechanism may be set up for the timebound disposal of cases by the FTCs/FTSCs; andNecessary compliances as mandated under Public Financial Management System may kindly be ensured for timely availing of the allocated Gol funds for FTSCS. .The letter was written on the basis of a review of the status of functioning of existing Fast Track Courts set up by the State governments for the trial of cases related to heinous crimes, crimes against women, children, senior citizen etc. and Fast Track Special Courts set up under the Centrally Sponsored Scheme (CSS) for expeditious trial of Rape and POCSO Act cases.It is pointed out that the 14th Financial Commission had, with the increased share of devolution of funds recommended the setting up of 1,800 Fast Track Courts by State governments. However, as on July 31, 2022, it is noted that 896 Fast Track Courts are operational across the country and 13,18,427 cases are pending before the same. It is stated that an analysis released that while around 88,000 new cases are registered every month, only around 35,000 cases are disposed each month. In 2019, the Department of Justice pursuant to the Criminal Law (Amendment) Act, 2018, started the CSS for setting up of 1023 Fast Track Special Courts including 389 exclusive POCSO Courts based on the then pendency of cases (1.67 lakh as on 31st March, 2018). As on July 31, 2022, 731 such courts, with 412 exclusive POCSO Courts, were operational which have disposed cumulative 1,08,702 cases, the letter stated.However, it is pointed out that the 10,000 new cases are registered each month while only around 6000 cases are disposed in the same time.This has led to an ever increasing pendency rate of cases."As on July, 2022, total pendency of Rape and POCSO Act cases is more than 3,28,000 which is an alarming situation," the letter stated. .It is claimed that the Government of India has been allocating sufficient funds in every year's budget for the FTSC scheme and Department of Justice has been repeatedly following up with the State Governments and High Courts for availing the allocated funds and utilising the same in a timely fashion."However, in many States the pre requisite compliances for the release of CSS funds under the Public Financial Management System (PFMS) are not fully complete or are partially complete leading to under utilization of the allocated budget", the letter said..The Law Minister concluded the letter by assuring the Chief Justices of the full support of the Department of Justice, Government of India for the "fulfillment of the common goals for speedy justice delivery to all citizens".