Union Minister for Law and Justice Kiren Rijiju has written a letter to the Chief Justices of the High Courts based upon a review of the status of functioning of the existing Fast Track Courts and Fast Track Special Courts set up under Centrally Sponsored Scheme for expeditious trial of Rape and POCSO Act cases. The letter so written shared concerns over the "ever increasing pendency of cases" and the under utilization of the budgets allocated for the Fast Track Special Court Scheme
The Law Minister in the letter pointed out that the safety and security of our women, children as well as other marginalized categories are of paramount concern and that the need for robust functioning of the FTCs and FTSCs has becomes highly imperative.
The letter shared concern stating that, "The 14th FC with the increased share of devolution of funds recommended for setting up of 1800 FTCs by the State Government. As on 31st July 2022, total 896 FTCs are operational in 24 States/UTs in which 13,18,427 cases are pending." It was also pointed out that on analysis it was found that approximately 88,000 new cases are monthly registered and case disposal is approximately 35,000.
It was also pointed out in the letter that the Department of Justice started a Centrally Sponsored Scheme in October of 2019 in pursuance of Criminal Law (Amendment) Act of 2018 for expeditious disposal of cases related to Rape and POCSO Act and for setting up of 1023 FTSCs including 389 exclusive POCSO Courts, but, as on 31st July 2022, 731 FTSCs with 412 exclusive POCSO Courts are operational in 28 States/UTs which have disposed cumulatively 1,08,702 cases. On further analysis it was revealed that approximately 10,000 cases per month are registered and approximately 6,000 are disposed.
He also shared his concerns over the under utilization of the allocated budget by the Government of India for the FTSC scheme as in many States the pre-requisite compliances for the release of CSS funds under the Public Financial Management System are not fully complete.
The Law Minister assured in his letter full support of the Department of Justice for speedy justice deliver to all but also earmarked the issues for which he requested the personal intervention of the Chief Justices:
1. "In view of the huge pendency of cases, the balance number of FTCs in your respective jurisdiction may be setup with due consultation of the State Government as envisaged in the 14th FC through increased share of fund devolution to States and as urged by the Union Government.
2. As per centrally sponsored scheme of FTSCs the remaining number of courts in your respective jurisdiction may be setup and operationalized on priority basis.
3. To ensure speedy disposal of cases and prevent creation of backlog, necessary instructions and support may be given to the courts concerned and a strict monitoring mechanism may be set up for the timebound disposal of cases by the FTCs/FTSCs.
4. Necessary compliances as mandated under PFMS may kindly be ensured for timely availing of the allocated GOI funds for FTSCs"
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