HC orders govt to tell Cabinet that city needs more fast-track courts
NEW DELHI: Taking note of the pendency of sexual assault and business dispute cases, the Delhi high court Thursday directed the Delhi government to place before the Cabinet the requirement for 18 more fast track and 22 commercial courts.
A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani said the high court had sanctioned certain posts of judges for establishing fast track and commercials courts but the matter has been pending before the government for over two years. "Once the high court made the demand, government is duty bound to process it," the bench observed.
The court was informed that as on day, 6,414 cases under the Protection of Children from Sexual Offences (POCSO) Act and over 2,800 cases of sexual offences, particularly rape, are pending in Delhi. It noted that the mandate of Section 309 CrPC contemplates that cases of rape under the IPC and of sexual offences against minors under the POCSO Act should be decided in two months after the filing of the charge sheet.
Considering the pendency, the court said it is "humanly impossible" unless adequate number of courts are sanctioned. The court was hearing a plea for making fast track courts a permanent feature at the district level.
Prag Chawla, in his plea, has contended that the Registrar General of the high court has made representations to authorities to make fast track courts (FTC) a permanent feature by sanctioning more posts of judges and ancillary staff, but till date no action has been taken. The petition, filed through advocate Sumit Chander, has claimed that FTCs at the level of additional district or session judge (ADJ/ASJ) was being run on ad-hoc or temporary basis and the Supreme Court in 2012 had directed that either they be discontinued or made permanent.
Advocate Anupam Srivastava, representing the Delhi government, gave the details of a written by the state in which it wanted to know how many more courts are required to be set up. The court noted that under the Commercial Courts Act, the state is bound to create these courts and dispose of the commercial disputes and that the demand for 22 commercial courts is still pending with the government. "We direct that requirement for 22 commercial courts an 18 FTCs as demanded by the high court be placed before the Cabinet," the bench said.
The requirement has to be placed before the Cabinet till the end of this month and a report has to be filed before the high court. The matter is listed for further hearing on May 30. The court said if there is any further query, the government will give the details to the registrar general by May 18 and he will then furnish the details to the law secretary by May 20. The court had earlier sought AAP government's response on the petition in which Chawla has said that after the apex court's decision, the high court had sent a letter in July 2012 to the Delhi government requesting it to continue the FTC scheme as a permanent feature.