2005 (3) TMI 760

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....n behalf of Union of India, this Court was informed that the matter of continuation of the above Scheme beyond five years has been taken up with XIIth Finance Commission. By the said affidavit, this Court was further informed that the Law Ministry had written a letter on 17.4.2003 to the Chairperson of the XIIth Finance Commission to favourably consider the proposals for the upgradation of judicial infrastructure including continuation of Fast Track Courts Scheme and also for creation of another 1500 Fast Track Courts of Magistrates for dealing with non-sessions cases and other criminal matters. A further affidavit was filed on behalf of Union of India on 13.10.2004 by which this Court was further informed that in the joint conference he....

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....n terms of the Annual Report of the Ministry of Law for the year 2003-04, the total number of pending cases runs into the figure of 2.27 crores (approximately). Further, in the year 2000, the XIth Finance Commission had allocated Rs. 502.90 crores under Article 275 of the Constitution to set up 1734 courts. The allocation stipulated time bound utilization. Suffice it to state at this stage that the funds have been utilized effectively. We have examined the statistics and the status reports submitted by the States which indicate success of the Scheme and time bound utilization of funds. Therefore, the question which arises for determination before us is of importance. Is it open to the State not to fulfill its obligation with regard to sp....

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....chaos will be created inasmuch as not only services of several officers who had been promoted on an adhoc basis will have to be reverted to their substantive post. Similarly, if corresponding promotion had been given to others, it will be necessary also to pass orders of reversion in such cases. Thousands of cases are pending adjudication before Fast Track Courts and some of them might have been heard in part. Witnesses in many cases might have been summoned. The State Governments have also appointed Special Public Prosecutors. The requirements to continue the Scheme, furthermore, may vary from State to State. In some States, there may not be many session cases pending requiring continuation of the Scheme, as earlier proposed. In some State....