A N S W E R
MINISTER OF LAW & JUSTICE
(SHRI D.V. Sadananda Gowda )
(a) : The 11th Finance Commission had recommended a scheme for creation of 1734 Fast Track Courts (FTCs) in the country for disposal of long pending cases and the cases involving undertrial prisoners.
(b): A statement indicating the number of FTCs approved for 11th Finance Commission funding in the year 2000, functioning as on 31/03/2005, 31/03/2011 and as per the latest available reports is enclosed at Annexure-I. As per the information available, a statement indicating the number of cases transferred, disposed of and pending in FTCs is enclosed at Annexure-II.
(c): A statement indicating the State/UT-wise grant released by the Government for Fast Track Courts is enclosed at Annexure-III.
(d): The scheme recommended by the 11th Finance Commission was for a period of five years upto 2004-05. The Government accorded its approval for the continuation of central funding of 1562 Fast Track Courts that were operational as on 31.3.2005 for a further period of 5 years i.e. up to 31st March, 2010. The scheme was continued for another one year upto 31st March, 2011, and central funding for these FTCs has been discontinued with effect from 1st April, 2011.
In its judgment in Brij Mohan Lal & Others vs Union of India & Others on 19.04.2012, Supreme Court has endorsed the position of Government of India that continuation of FTCs is within the domain of the States and has directed the States that they need to decide either to bring the Fast Track Courts scheme to an end or to continue the same as a permanent feature in the State. A number of states have continued FTCs beyond 31.03.2011 with their own resources.
(e) : Setting up of courts including Fast Track Courts (FTCs) is the responsibility of the State Governments. In the Conference of Chief Ministers and Chief Justices held in New Delhi on 7th April, 2013, it was resolved that the State Governments shall, in consultation with the Chief Justices of the respective High Courts, take necessary steps to
establish suitable number of FTCs relating to offences against women, children, differently abled persons, senior citizens and marginalized sections of the society, and provide adequate funds for the purpose of creating and continuing them. Government has requested the State Governments and the Chief Justices of the High Courts to implement this decision.
The 14th Finance Commission has endorsed the proposal to strengthen the judicial system in States which includes, inter-alia, establishing 1800 FTCs for a period of five years for cases of heinous crimes; cases involving senior citizens, women, children, disabled and litigants affected with HIV AIDS and other terminal ailments; and civil disputes involving land acquisition and property/rent disputes pending for more than five years at a cost of Rs.4144 crore. The 14th Finance Commission has urged State Governments to use the additional fiscal space provided by the Commission in the tax devolution to meet such requirements.
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Annexure-I
STATEMENT REFERRED TO IN REPLY TO Part (b) of THE LOKSABHA UNSTARRED QUESTION NO. 662 TO BE ANSWERED ON 23RD July, 2015
STATEMENT REGARDING NUMBER OF FAST TRACK COURTS APPROVED FOR 11TH FINANCE COMMISSION FUNDING IN 2000, FUNCTIONAL AS ON 31.3.2005, 31.3.2011 AND AS ON THE DATE MENTIONED
Sl.
No. Name of the State Approved no. of FTCs as in 2000 No. of FTCs functional as on 31.03.2005 No. of FTCs functional as on 31.3.2011 No. of FTCs functioning As on
1 Andhra Pradesh 86 86 108 72 April, 14
2 Arunachal Pradesh 5 3 3 0 March, 14
3 Assam 20 20 20 20 Oct.12
4 Bihar 183 150 179 179 March.11
5 Chhattisgarh 31 31 25 21 April,14
6 Goa 5 5 5 3 July, 14
7 Gujarat 166 166 61 61 Feb.,11
8 Haryana 36 16 6 6 Dec.10
9 Himachal Pradesh 9 9 9 0 June, 14
10 Jammu & Kashmir 12 - - 5 June, 14
11 Jharkhand 89 89 39 11 March, 14
12 Karnataka 93 93 87 39 March, 14
13 Kerala 37 31 38 38 Aug., 13
14 Madhya Pradesh 85 66 84 84 Dec.10
15 Maharashtra 187 187 51 92 June, 14
16 Manipur 3 2 2 2 Oct.12
17 Meghalaya 3 3 3 3 June, 14
18 Mizoram 3 3 3 3 March 11
19 Nagaland 3 2 2 2 Oct. 12
20 Odisha 72 41 35 30 June, 14
21 Punjab 29 18 15 20 March, 14
22 Rajasthan 83 83 83 0 March.14
23 Sikkim 3 - - 1 March, 14
24 Tamil Nadu 49 49 49 32 June, 14
25 Tripura 3 3 3 2 June, 14
26 Uttar Pradesh 242 242 153 80 Feb 15
27 Uttarakhand 45 45 20 0 July, 14
28 West Bengal 152 119 109 77 April, 15
29 Delhi - - - 10 May, 15
Total 1734 1562 1192 893
Annexure-II
STATEMENT REFERRED TO IN REPLY TO PART (b) OF THE LOK UNSTARRED QUESTION NO. 662 TO BE ANSWERED ON 23RD JULY, 2015
STATEMENT REGARDING NUMBER OF CASES TRANSFERRED TO FAST TRACK COURTS (FTCs), DISPOSED BY FTCs AND PENDING IN FTCs
Sl.
No Name of the state Number of cases transferred to FTCs since inception No. of cases disposed
off since inception by
FTCs No. of cases pending in FTCs As on
1 Andhra Pradesh 265545 248457 17088 April, 14
2 Arunachal Pradesh 4162 1660 2502 March, 11
3 Assam 84098 72240 11858 Oct.12
4 Bihar 239278 159105 80173 March.11
5 Chhattisgarh 94670 76575 18095 March.11
6 Goa 10185 8590 1595 Feb., 14
7 Gujarat 537636 434296 103340 Feb.,11
8 Haryana 38359 33590 4769 Dec.10
9 Himachal Pradesh 54651 47480 7171 Dec.12
10 Jammu & Kashmir NA NA NA
11 Jharkhand 110027 87789 22238 March 11
12 Karnataka 218402 184067 34335 Aug.10
13 Kerala 135839 116843 18996 Aug., 13
14 Madhya Pradesh 360602 317363 43239 Dec.10
15 Maharashtra 423518 381619 41899 Feb.11
16 Manipur 3512 3287 225 Oct.12
17 Meghalaya 1288 973 315 Oct.12
18 Mizoram 1868 1635 233 March 11
19 Nagaland 845 786 59 Oct. 12
20 Odisha 73093 67700 5393 March.12
21 Punjab 58570 46347 12223 Dec.10
22 Rajasthan 149447 123024 26423 March.11
23 Sikkim NA NA NA
24 Tamil Nadu 411957 371336 40621 Aug., 10
25 Tripura 5812 5591 221 March 11
26 Uttar Pradesh 0 0 0 March 11
27 Uttarakhand 112726 103208 9518 June,12
28 West Bengal 202944 173299 29652 April 15
29 Delhi NA NA 2028 May 15
NA- Not available
Annexure –III
STATEMENT REFERRED TO IN REPLY TO PART (c) OF THE LOK UNSTARRED QUESTION NO. 662 TO BE ANSWERED ON 23RD JULY, 2015
Central Grants released to States for Fast Track Courts
(Rs. In lakh)
Sl. No Name of the state Grant Released
1 Andhra Pradesh 4864.50
2 Arunachal Pradesh 143.89
3 Assam 1133.30
4 Bihar 9326.70
5 Chhattisgarh 1675.90
6 Goa 262.70
7 Gujarat 7574.98
8 Haryana 807.90
9 Himachal Pradesh 334.56
10 Jammu & Kashmir 300.60
11 Jharkhand 3943.67
12 Karnataka 4938.80
13 Kerala 1757.65
14 Madhya Pradesh 4067.20
15 Maharashtra 8801.60
16 Manipur 150.80
17 Meghalaya 181.20
18 Mizoram 184.48
19 Nagaland 124.28
20 Odisha 2978.60
21 Punjab 1205.30
22 Rajasthan 5116.69
23 Sikkim 29.70
24 Tamil Nadu 2641.60
25 Tripura 108.36
26 Uttar Pradesh 13596.61
27 Uttarakhand 3168.62
28 West Bengal 7590.40
Total 87010.60
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