Fast track courts moving at slow pace; 400 cases concluded, 1,000 pending

They were meant to speedily dispose-off cases relating to sexual offences but slow-paced trials continue for the second consecutive year in the so-called fast-track courts. 

The six fast-track courts were set up in January 2013 after a 23-year-old trainee physiotherapist was brutally gang-raped on a moving bus on December 16, 2012. Around 400 cases concluded in the fast-track courts till the end of November, similar to that till November 2013. But some 1,080 cases are still pending.

Surprisingly,  more number of cases were concluded before the trial courts were set up. In 2012, over 500 cases were disposed-off by regular courts while around 700 and 650 cases were decided in 2010 and 2011, respectively. Court statistics reveal that the disposal rate of rape cases was higher when regular courts decided such cases. Terming the concept of fast-track courts as “farce” retired Delhi High court judge Justice SN Dhingra opined that instead of establishing fast track courts, it is better to issue directions to regular courts for trying such cases on a priority basis. 

“Every case has to undergo similar procedures. Just expedite the trial in the regular courts and the figures will be different,” Dhingra said. He, however, added that six courts are not enough to try all sexual offence cases in Delhi. “Even if a trial is conducted on a daily basis, a judge can dispose-off only three to four cases in a month,” Dhingra said. 

Advocate Shilpi Jain, who represented a German tourist in the 2006 Alwar rape case, one of the quickest such trials that finished within 15 days, said fast track courts can only be fast by following legal procedures effectively.

“The court should not entertain any unwarranted plea of lawyers seeking adjournments. Direction should be issued to police to file the charge-sheet within 15 days of the incident as rape cases are totally based on direct evidence,” Jain added. She added that the victim’s version and the medical examination report proving sexual assault are enough to prove a rape case in a trial.  A public prosecutor dealing with sexual offences cases, however, said the low disposal rate is due to a shortage of prosecutors and judges, who are “overburdened with work”. 

After the December 16, 2012, gang-rape that sparked nationwide outrage, legal experts have claimed that “more and more women are coming forward to register such cases”.