The Hindu : 13 States warned against delay in setting up fast track courts

Online edition of India's National Newspaper
Tuesday, Nov 04, 2003

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13 States warned against delay in setting up fast track courts

By J. Venkatesan

NEW DELHI NOV. 3. The Supreme Court today warned 13 State Governments that it would consider passing orders directing them to return the Central grant for the setting up of fast track courts because of the inordinate delay.

Giving them one more opportunity to comply with its earlier directions, a three-Judge Bench, comprising the Chief Justice V.N. Khare, Justices S.B. Sinha and A.R. Lakshmanan, asked the States to make these courts functional by December 31. The Bench has been monitoring the progress made by States in the establishment of a total of 1,734 fast track courts across the country for which the Centre was providing cent per cent grant.

The 13 States are: Andhra Pradesh, Bihar, Gujarat, Goa, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Orissa, Punjab, West Bengal and Jammu and Kashmir.

"It is rather sad that these States have not been able to comply with the court direction to make appointments or create posts for faster courts even after receiving Central aid more than two years ago," the Bench observed.

Taking exception to reports of the Jammu and Kashmir Government and its High Court diverting the funds meant for setting up the fast track courts for creating Munsif posts, instead of Additional Sessions Judges' posts, the Bench asked the State to file an affidavit explaining how the grant received by it had been used for the other purpose.

The Bench directed the Centre to file its response to the question whether the Central aid given for setting up fast track courts was a one time grant or would continue even for their continuance. The Solicitor-General, Kirit Raval, told the Court that the question was under consideration and he would be able to respond to it by the next date of hearing.

The Bench appreciated the efforts of Rajasthan, Maharashtra, Uttaranchal and Chhattisgarh for fully complying with its direction and making functional all their fast track courts. In Tamil Nadu, all the fast track courts are functioning and they stood first in the disposal of cases.

The court came down heavily on West Bengal for not taking the issue of fast track courts seriously and seeking time to make them functional by March 31 next year. "You have either to comply with our directions by December 31 in this regard or we will ask you to refund the Central grant received by you for the purpose," the Bench told counsel representing West Bengal.

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