[Assam] Fast Track Courts

[Dilip/Dil Deka]

How does a Fast Track Court work? Are they for petty thefts, intimidation and cases of that sort? Who decides what goes to FTC and what doesn't? Do magistrates preside over these courts? Do lawyers take part in the process?

 

Is the old trial set-up of a Gaon Panchayat traeted as an FTC?

Dilip

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Guwahati, Tuesday, April 26, 2005
EDITORIAL

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MESSAGE FOR TODAY
He who goes no further than bare justice, stops at the beginning of virtue.
� BLAIR

Fast Track CourtsIt�s a typical instance of coordination between two arms of modern democratic Governance � executive and judiciary at its worst. As a result, one of the ideal means of assuring fast redressal of masses grievances at the minimum of time and expenses � the Fast Track Courts (FTCs) � is now in the lurch. The moot point is the term of the 11th Finance Commission, under whose recommendations the FTCs were set up, is over and there is no mention of any counsel for the continuity of this scheme in the report of the 12th Finance Commission. This is despite the fact that the performances of these FTCs had come in for appre! ciation from the Supreme Court. Mentionably, taking a serious view of the issue, the apex Court in an interim order on March 30 had ordered extension of the FTCs till April 30, 2005. Union Law Minister HR Bharadwaj is also on record as saying four days later that the Centre is keen on continuing with these Courts as �scrapping them down would be a retrograde step�. The 11th Finance panel had given a grant of Rs 509 crore for the setting up of 1,734 FTCs across the country which were to continue till March 31 this year. However, the case now remains hanging.

To ensure the uninterrupted flow of funds for the FTCs, the Justice Department should have well in advance approached either the Finance Ministry with a non-plan scheme or the Planning Commission for a plan scheme. On the contrary, the Department kept waiting for the recommendation of the 12th Finance Commission which ultimately resulted in the present crisis. The folly was that it acted upon the assumption that the 12th ! Finance Commission would adopt a positive approach in the case. What is more, the Finance panel�s report could not be made available to the Department before the finalization of its budget process. Therefore, it did not get the time to pursue it further. Belatedly though, a Parliamentary Committee has recommended that the Justice Department should take up the matter with the State Governments for providing funds to them. The Parliamentary Standing Committee on Personal, Public Grievances and Law and Justice, in its report tabled in Parliament, said in these circumstances, the Justice Department should �vigorously pursue this issue with the Finance Ministry or the Planning Commission and till the scheme is finalized, take up the matter with the State Governments for providing funds to be reimbursed subsequently by the Central Government.� Under the circumstances, it remains to be seen what the stand of the Centre would be. Nonetheless, it is in the fitness of things that the Union G! overnment gives its nod to the proposal and in the meantime ensure that the necessary steps are taken in the 12th Finance Commission for inclusion of the clause to extend the life period of these Courts.

A socialist democratic society depends largely on the rule of law that is quite comprehensive in its scope. It is not merely a tool to safeguard and advance civil and political rights but also a potent weapon to establish social, economic, educational and cultural conditions under which human dignity and his legitimate aspirations are realized. And, the FTCs foot the bill aptly. Since there cannot be a fair process of law unless it is accompanied by an effective rule of law structure, it is a must that the authorities concerned join hands in making these Courts � till now highly successful � a viable component of the judiciary system. Mere money factor should not be allowed to act as a spanner in this regard.

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