Fast-track courts remained 'fast' in namesake only, says Parliamentary panel

Satya Prakash

New Delhi, December 28

Noting that about 1.84 lakh cases are presently pending in Fast Track Special Courts (FTSCs) which took one to 10 years for their disposal, a Parliamentary panel has said that these courts remained ‘fast’ in namesake only.

“Lack of judges, rigorous procedures and frequent adjournments are some of the main reasons for dysfunctionality of the fast-track courts,” the department-related Standing Committee on Law and Personnel said in a report tabled in Parliament earlier this month.

“FTSCs were meant to bring down substantially the pendency of cases related to heinous crimes like rape and POCSO Act at the district and subordinate court levels. However after assessing the performance of these courts in the past two decades the Committee observes that these courts remained ‘Fast’ in namesake only,” the report said.

“The Committee, therefore, recommends that in addition to establishment of more FTSCs the Department should also study and suggest how systemic improvement may be brought about to make the fast track courts truly faster. The Committee further recommends the Department to explore the best practices in other countries where FTCs are functional and have been able to dispose of cases in a time bound manner and to bring about the required changes in our system to make it more efficient,” it said.

In pursuance of the Criminal Law Amendment Act, 2018, the Department of Justice is implementing a centrally sponsored scheme of Fast Track Special Courts since October 2019 for expeditious disposal of rape and POCSO Act cases.

The scheme embarked to establish 1023 FTSCs, including 389 exclusive POCSO courts in 31 states/UTs for the speedy disposal and removal of pendency of rape and POCSO Act cases. The scheme was initially for a period of one year spreading over two Financial Years.

FTSCs aim for delivery of judgment in six weeks of trial through abolition of pleadings, determination of interlocutory applications on the papers, and restricted discovery.

Noting that a disposal plan has to be followed by FTSCs, the panel said that “Each FTSC is expected to dispose of 41-42 cases in each quarter and at least 165 cases in a year in order to remove the pendency. As on 31.03.2022, 722 FTSCs, including 406 e-POCSO, have been made functional in 28 states/UTs which have disposed of more than 87,100 cases since their inception.

A third part party evaluation conducted by the National Productivity Council (NPC) in 2020 recommended continuation of the scheme. However, for achieving the overall effectiveness of FTSCs, the NPC recommended strengthening of the investigation agencies, Forensic Science Laboratories, and Victim Compensation Schemes.

The NPC had also recommended ensuring timely submissions of DNA reports, depute the appropriate number of Public Prosecutors, appropriate number of Vulnerable Witness Deposition Centres (VWCDs) and ensuring child-friendly response for deposition of testimonies of the witnesses; and regular furnishing of data by the FTSCs on the online portal of the Department of Justice, the report noted.

Taking note of the reply submitted to it by the Department of Justice, the Committee said, “There is a need to revamp the FTSCs in accordance with the recommendations of the ‘Third Part Party Evaluation’… and the disposal plan for the FTSCs suggested by the Department. These reforms should be implemented and monitored on a continuous basis in order to make these Courts truly ‘fast track’.”