SC Demands Accountability for Misuse of Fast-Track Courts
- ByAdmin --
- 31 May 2025 --
- 0 Comments
Fast-track courts (FTCs) were established in India to expedite the disposal of cases and reduce the pendency of judicial matters. These courts have played a crucial role in addressing sensitive cases, particularly those involving women, children, and marginalized sections of society. However, the Supreme Court (SC) has recently emphasized the need for accountability regarding the misuse and inefficiency of FTCs. This article delves into the significance of FTCs, the reasons for their misuse, legal provisions, and the SC’s stance on ensuring accountability.
The Genesis of Fast-Track Courts
- Establishment: FTCs were introduced following the recommendation of the 11th Finance Commission in 2000 to reduce pendency in subordinate courts.
- Objective: To deliver swift justice in cases of heinous crimes, corruption, sexual offenses, and other urgent matters.
- Legislative Backing: Article 39A of the Indian Constitution underscores the state’s duty to ensure free and speedy justice for all.
The Supreme Court's Recent Observations
- Judicial Accountability: The SC has expressed concern over the inefficient functioning and alleged misuse of FTCs for political or vested interests.
- Lack of Uniformity: The court observed significant disparities in the allocation of cases and disposal rates across different states.
- Non-Adherence to Mandates: FTCs are often burdened with non-priority cases, defeating their primary purpose.
Issues Plaguing Fast-Track Courts
- Inadequate Infrastructure: Many FTCs operate without proper resources, leading to delays in justice.
- Limited Jurisdiction: Arbitrary allocation of cases often results in overburdening FTCs with non-urgent matters.
- Lack of Judicial Personnel: FTCs face a shortage of judges and staff, hampering their efficiency.
- Political Interference: Allegations of using FTCs for political vendettas undermine their credibility.
- Mismanagement of Funds: Improper utilization of funds allocated for FTCs affects their operational efficiency.
Legal Framework Governing Fast-Track Courts
- Constitutional Provisions:
- Article 14: Guarantees equality before the law and mandates impartial justice.
- Article 39A: Directs the state to promote equal justice and free legal aid.
- Article 14: Guarantees equality before the law and mandates impartial justice.
- Statutory Support:
- Code of Criminal Procedure, 1973: Enables state governments to establish FTCs for expedited trials.
- Protection of Children from Sexual Offences (POCSO) Act, 2012: Mandates that cases under the Act be handled by FTCs for timely justice.
- Code of Criminal Procedure, 1973: Enables state governments to establish FTCs for expedited trials.
- Judicial Precedents:
- Bachan Singh v. State of Punjab (1980): Emphasized the importance of fair trials in delivering justice.
- Hussainara Khatoon v. Home Secretary, Bihar (1979): Highlighted the need for speedy justice as part of the fundamental right to life under Article 21.
- Bachan Singh v. State of Punjab (1980): Emphasized the importance of fair trials in delivering justice.
Supreme Court's Directions for Improvement
- Streamlining Case Allocation: Ensure FTCs prioritize cases involving sexual offenses, corruption, and heinous crimes.
- Enhancing Infrastructure: Allocate adequate resources to FTCs for smooth functioning.
- Regular Audits: Conduct performance reviews of FTCs to address inefficiencies.
- Training for Judicial Officers: Provide specialized training to judges for handling sensitive cases.
- Policy Reforms: Formulate a uniform policy for the functioning of FTCs across states.
Conclusion
The Supreme Court's demand for accountability underscores the importance of FTCs in the justice delivery system. Addressing their inefficiencies and misuse requires a multi-pronged approach, involving robust infrastructure, adequate personnel, and strict adherence to their mandate. Upholding the ethos of justice as enshrined in the Constitution, FTCs must serve their purpose of ensuring timely and equitable justice. Only then can they restore faith in the judiciary and act as effective instruments of justice for the common man.
RELATED Blog
0 comments