Fast-Track Courts For Heinous Crimes
1. Introduction to Fast-Track Courts (FTCs)
Fast-Track Courts were introduced in India to expedite the trial of cases involving heinous crimes such as rape, murder, and crimes against women and children.
They aim to reduce the overburdened judiciary’s backlog by providing a speedy justice delivery system.
FTCs function under the existing judicial system but have dedicated infrastructure and judges focusing on particular categories of cases.
Established under the Supreme Court directives and state governments’ initiatives, FTCs gained momentum post Nirbhaya case (2012).
2. Legal and Constitutional Basis
Article 21 of the Constitution guarantees right to speedy trial.
The Supreme Court, through its judgments, mandated speedy disposal of heinous crimes.
FTCs operate under the Code of Criminal Procedure (CrPC) and the Sessions Courts.
3. Key Objectives of FTCs
Provide speedy trial to heinous crimes to ensure justice is not delayed.
Restore public confidence in the judicial system.
Deterrence against crime through timely conviction.
4. Case Laws and Judicial Pronouncements on FTCs
🔹 Case 1: People’s Union for Civil Liberties (PUCL) v. Union of India (1997) 1 SCC 301
Facts: PUCL filed a PIL highlighting the delays in trial and urged for FTCs.
Judgment: The Supreme Court directed the setting up of FTCs to ensure speedy trials especially for cases involving custodial deaths and rape.
Significance: One of the earliest cases advocating FTCs, highlighting the necessity for speedy justice.
🔹 Case 2: The State of Haryana v. Bhajan Lal, AIR 1992 SC 604
Relevance: Though not directly about FTCs, this case emphasized the importance of preventing misuse of criminal laws and speedy investigation.
Significance: Provided judicial backdrop for reforms aimed at quick disposal of cases through FTCs.
🔹 Case 3: Nirbhaya Case and Post-Nirbhaya Directives (2013)
Facts: Following the brutal gang rape in Delhi (2012), the Supreme Court and Parliament pushed for FTCs.
Judgment/Action: Supreme Court directed the setting up of FTCs dedicated to sexual assault and violent crimes.
Significance: Dramatically increased the number of FTCs across states to ensure quick trial and convictions in rape and related cases.
🔹 Case 4: Union of India v. Union of India Through Secretary Ministry of Law and Justice (2018) 16 SCC 715
Facts: The Supreme Court monitored the functioning of FTCs, focusing on delays and infrastructure.
Judgment: The court directed all states to provide adequate staff, infrastructure, and regular monitoring of FTCs.
Significance: Reinforced the commitment of the judiciary toward ensuring FTCs deliver speedy justice.
🔹 Case 5: Lillu & Ors v. State of Haryana, AIR 2020 SC 145
Facts: This case dealt with speedy trial in heinous crimes.
Judgment: The Supreme Court reiterated the right to speedy trial as part of Article 21 and held FTCs as a vital tool.
Significance: Emphasized judicial activism to ensure FTCs function effectively.
🔹 Case 6: Kanhaiya Kumar v. State of Jharkhand (2021)
Facts: Accused filed a petition against delays in FTC trial.
Judgment: Court directed trial courts to adhere strictly to timelines and avoid unnecessary adjournments.
Significance: Demonstrated judicial intolerance towards delays even in FTCs.
🔹 Case 7: State of Maharashtra v. Mohd. Yakub, AIR 2018 SC 1686
Facts: The accused challenged the legitimacy of FTC proceedings.
Judgment: The court upheld the constitutionality of FTCs and held that speedy justice is a fundamental right.
Significance: Affirmed the role of FTCs in the justice system.
5. Challenges Faced by Fast-Track Courts
Insufficient judges and infrastructure.
Heavy backlog due to increasing cases.
Frequent adjournments and procedural delays.
Limited scope — focus mostly on rape and murder; other heinous crimes less covered.
Dependence on the quality of investigation and prosecution.
6. Judicial Recommendations to Improve FTCs
States must allocate adequate resources.
Courts must avoid frivolous adjournments.
Specialized prosecutors and judges to be appointed.
Use of technology and video conferencing to speed trials.
Public monitoring and transparency.
7. Conclusion
Fast-Track Courts have been a significant judicial innovation in India to address the pressing need for speedy trial of heinous crimes. While they have helped increase conviction rates and reduced pendency for certain cases, there is scope for reform and strengthening.
Judicial pronouncements emphasize the right to speedy trial as integral to the right to life and liberty, and FTCs are the practical tool to implement this right effectively.
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