(a) whether the provisions of section 309 of the Code of Criminal Procedure (Cr.PC), 1973 regarding expeditious proceedings in every inquiry or trial are being implemented by the courts in the country;
(b) if so, the details thereof;
(c) The steps taken by the Government to ensure strict enforcement of section 309 of Cr.PC limiting the adjournments in the lower judiciary; and
(d) the steps taken by the Government to ensure speedy trial of cases?
MINISTER OF LAW AND JUSTICE AND COMMUNICATIONS AND INFORMATION TECHNOLOGY ( SHRI RAVI SHANKAR PRASAD )
(a) to (c) : Section 309 of the Code of Criminal Procedure requires that in every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded. When the inquiry or trial relates to the offence of rape under section 376, 376A, 376B, 376C or 376D of the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of two months from the date of filing of the charge sheet.
The power of granting or refusing adjournments is in the domain of the judiciary. Enforcement as well as monitoring of the said provision also lies in the hands of the judiciary. However the Government has periodically invited the attention of all High Courts on granting of indiscriminate adjournments in criminal cases which is causing delay in the disposal of cases including the trial of heinous offences.
Government has also requested Chief Justices of all High Courts to invite the attention of the district judges to these provisions and impress upon them to adhere to them in trial of cases involving heinous crimes such as rape.
(d): The Central Government supported the establishment of Fast Track Courts for heinous crimes from the period 2000-2011, first through the funds awarded under the 11th Finance Commission and, later, by providing Central assistance to States. The central funding for Fast Track Courts has been stopped since 31st March, 2011. More recently Government has-been supporting the State Governments and providing assistance under various schemes for subordinate judiciary. Government has also requested State Governments and the Chief Justices of High Courts to utilise 10% additional posts of judges being created in subordinate judiciary in pursuance of the direction of Supreme Court in Brij Mohan Lai case, for setting-up of Fast Track Courts also. For meeting expenditure on salaries of these 10% additional posts, Central Government has decided to provide funds up to a maximum of Rs. 80 crore per annum on a matching basis up to 31.03.2015 from the 13th Finance Commission Award. A statement indicating the state-wise number of courts set up/designated for crime against women is enclosed at Annexure I.
Additionally in the Conference of Chief Ministers and Chief Justices of High Courts held on 7 April 2013, establishment of Fast Track Courts was discussed and it was decided that the State Governments shall in consultation with the Chief Justices of the respective High Courts, take immediate steps to establish a suitable number of Fast Track Courts relating to offences against women, children, differently-abled persons, senior citizens and marginalized sections of society. It was also decided that the State Governments shall provide adequate funds for the purpose of creating and continuing the Fast Track Courts. A state-wise statement of Fast Track Courts set up across the country is enclosed at Annexure II.