Have fast-track courts delivered on the promise of speedy justice?, Pg11

Key Highlights:

• Prime Minister Narendra Modi announced the establishment of fast-track courts to address paper leak cases.
• The Delhi High Court has constituted a fast-track court at the Rouse Avenue Courts Complex for cases under the Public Examinations (Prevention of Unfair Means) Act, 2024.
• Stakeholders have raised concerns that fast-track courts often face challenges with mounting pendency and resource limitations.
• The Union Law Ministry reported a backlog of nearly 2.45 lakh cases in Fast-Track Special Courts (FTSCs).
• The Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, proposes strict timelines for investigation and trial in such cases.

Detailed Insights:

• Fast-track courts frequently reallocate existing judicial resources rather than expanding the overall judicial capacity.
• This reallocation can lead to a shift in backlog, as cases previously handled by reassigned judges are delayed.
• The case clearance rate for FTSCs has consistently remained below 100%, indicating an inability to keep pace with new cases.
• Robust data on disposal timelines specifically for FTSCs is not readily available in the National Judicial Data Grid, hindering effective evaluation.
• Trial courts nationwide are grappling with a massive backlog of nearly 4.8 crore cases, with criminal matters constituting about 74%.
• The Supreme Court has cautioned against prescribing rigid timelines in criminal proceedings, as they may compromise the right to a fair trial.
• Mandatory timelines require adequate institutional capacity, including sufficient investigators, forensic laboratories, and judicial resources.
• Arbitrarily designating certain categories of cases for fast-track courts may violate the right to equality guaranteed by Article 14 of the Constitution.
• FTSCs established in 2019 for rape and Protection of Children from Sexual Offences Act cases suffer from acute shortages of prosecutors and forensic infrastructure.
• Effective institutional reforms necessitate credible investigations, adequately trained personnel, timely forensic assistance, and minimizing procedural delays.

Key Concepts Involved:

• Public Examinations (Prevention of Unfair Means) Act, 2024: Legislation enacted to prevent and penalize unfair practices in public examinations.
• Fast-Track Special Courts (FTSCs): Dedicated courts established for the expeditious disposal of specific categories of cases, often sensitive in nature.
• National Judicial Data Grid: A national database providing comprehensive information on cases pending and disposed of across various Indian courts.
• Article 14: A fundamental right in the Indian Constitution guaranteeing equality before the law and equal protection of the laws to all persons.
• Protection of Children from Sexual Offences Act (POCSO Act): A comprehensive law enacted to protect children from sexual abuse, sexual assault, and pornography.