New avatar for fast-track courts

In a bid to reduce the backlog of pending cases in the state courts, the state judiciary and state government have jointly decided to start 100 fast-track courts, which will work at the magisterial level. At present, an estimated 17 lakh cases are pending in the magisterial-level courts in the state.

On the other hand, 66 existing fast-track courts, which are working at the session court level, are likely to become defunct. While magisterial-level courts handle cases of minor offences which invite sentences of up to seven years, session courts are empowered to award even capital punishment to accused, depending on the seriousness of the case.

The concept of fast-track courts was approved by the Centre in 2002 with a view to eliminate the high number of pending cases. Initially, fast-track courts were for a period of five years, but their term has been extended up to December, 2010.

According to sources in the legal fraternity, the new concept of magisterial-level fast-track courts has been given by the Supreme Court. The Gujarat high court has sent a proposal to the Centre, through the state government, to establish 100 magisterial-level courts and close down 66 session-level fast-track courts. Now, the consent of the Centre is awaited as the scheme of fast-track courts was sponsored by the Union law ministry.

Since 2002, 166 fast-track courts were set up in the state at the session level. Joint district judges and additional sessions judges were appointed to these courts on an ad hoc basis.

However, at present only 74 fast-track courts are functional, as the rest became non-functional owing to promotion, retirement or discontinuation of the service of the judges. Recently, the administration of the high court discontinued the services of 23 judges of fast-track courts by not extending their terms of service.