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  • Delhi High Court Directs Government To Set Up 18 Fast Track And 22 Commercial Courts

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Delhi High Court Directs Government To Set Up 18 Fast Track And 22 Commercial Courts

Courtesy/By: Adv.Sanjeev Sirohi  |  20 May 2019     Views:1546

                               In a path breaking and hugely significant development, the Delhi High Court in a latest, landmark and extremely laudable judgment titled Prag Chawla vs Government of NCT of Delhi and another in W.P.(C) 3939/2019 has very rightly and commendably directed the government of NCT Delhi to decide on the establishment of 18 fast track courts and 22 commercial courts in various districts of Delhi as demanded by the Delhi High Court. It also sought a report on the decision taken before May 30. A Division Bench of Chief Justice Rajendra Menon and Justice Anup Jairam Bhambhani held quite explicitly on May 16, 2019 that once the High Court has made a demand for establishment of certain courts (fast track and commercial) for speedy disposal of cases, the State Government cannot sit over the appointments but instead is duty bound to sanction the requisite number of posts.  

                                         Needless to say, the Delhi High Court was hearing a writ petition filed by one Prag Chawla who sought directions for appointments to the posts for these courts. This matter remained pending before the State government for more than two years. Senior Counsel Dayan Krishnan appeared on behalf of the petitioner along with others while Anupam Shrivastava appeared on behalf of the Delhi government and Rajshekhar Rao represented the Delhi High Court itself. 

                        To start with, this judgment sets the ball rolling in para 1 by first and foremost observing that, “This writ petition has been filed by the petitioner in public interest and the prayer made reads as under:

‘a) Direct the Respondent No. 1 to make the FTC scheme as a permanent feature in place of the present ad-hoc and temporary FTC scheme and accordingly sanction 20 posts of Additional District & Sessions Judge in Delhi Higher Judicial Service along with 95 posts of ancillary staff on permanent basis for Fast Track Courts.

  1. b) Direct the Respondent No. 1 to create 22 posts of Delhi Higher Judicial Service in super time scale for commercial court judges along with ancillary staff.
  2. c) Pass any other order(s) which this Hon’ble Court deems fit and proper, in favour of the Petitioner’.”

                                    To be sure, it is then pointed out in para 2 that, “The Full Court of the High Court of Delhi had sanctioned 20 posts of Additional District & Sessions Judge in Delhi Higher Judicial Service and other requirements and 22 further posts in the Delhi Higher Judicial Service in super time scale for establishment of commercial courts.”

                                   As things stand, para 3 then brings out that, “The matter is pending before the Govt. of NCT of Delhi/respondent No. 1 since more than 2 years and finally the communication received from time to time from the Govt. of NCT of Delhi and the response of the Delhi High Court have been brought before us by Shri Rajshekhar Rao, learned counsel representing the Delhi High Court in the form of a paper book which contains various communications between the Govt. of NCT of Delhi and the Delhi High Court.”

                                    Be it noted, it is then brought out in para 4 that, “On 06.05.2019, the Principal Secretary (Law, Justice & LA) has made a communication to the Registrar General of this Court which reads as under:

       “Sir,

                 With reference to your office letter No. 5002/DHC/Gaz/G-1/2018 dated 22.11.2018 on the above captioned subject, I am directed to inform you that the proposal for creation of 18 post of ADJs in Delhi Higher Judicial Service along with 86 posts of ancillary staff for fast Track Courts was placed before the Council of Ministers for consideration. However, the following information is further required to take necessary action in the matter:

  1. Total number of criminal cases relating to serious offences which are pending for more than two years in District Courts.
  2. Average rate of disposal of cases @ each Fast Track Court in last two years to consider whether if only 18 Fast Track Courts shall serve the purpose or more number of Courts are required to be established.

The above information may kindly be provided at the earliest”.”

          It is then observed in para 5 that, “From the aforesaid, it is clear that the Department wants the total number of criminal cases relating to serious offences which are pending for more than 2 years in the District Courts in Delhi.”

                                                As it turned out, it is then held in para 6 that, “Having heard Mr. Dayan Krishnan, learned Senior Counsel representing the petitioner, Mr. Anupam Srivastava, learned Addl. Standing Counsel for the respondent No. 1/Govt. of NCT of Delhi and Mr. Rajshekhar Rao, learned counsel for the respondent No. 2/Delhi High Court and on going through the records, we find that most of these details have already been furnished by the Delhi High Court and are available with the Govt. of NCT of Delhi. In spite thereof, if any further specific details are required, the Law Secretary should communicate it to the Registrar General of this Court by 18.05.2019 and the Registrar General shall personally furnish the entire information to the Principal Secretary (Law, Justice & LA) on 20.05.2019 by attending his office.”

                                                  Going forward, it is then held in para 7 that, “As far as the second query is concerned, the Govt. of NCT of Delhi wants to know as to how many further fast track courts are necessary to be established. The query clearly indicates that the Govt. of NCT of Delhi is even willing to sanction more courts and therefore there should not be any impediment in sanctioning at least the 18 courts indicated in the query.” Para 8 states that, “Accordingly, we direct that appropriate sanction for establishment of 18 fast track courts should be communicated immediately to the Delhi High Court.”

                                         While underlying the reasons behind this landmark order, it is then pointed out in para 9 that, “We are constrained to pass the aforesaid order primarily on account of two facts: one, that the statistics provided by the petitioner which are based on information received under the Right to Information Act shows that more than 6,414 cases under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) are pending in various courts in Delhi and more than 2,800 cases under various other sections, particularly Section 376 IPC are pending in the courts in Delhi. The mandate of Section 309 of the Cr.P.C. is that cases under Section 376 IPC and cognate provisions, which would now also include cases under POCSO are required to be decided within two months; and decision of cases within the time-frame provided under the statute until and unless adequate number of fast track courts are sanctioned.”     

                                                 What’s more, it is then pointed out in para 10 that, “That apart, Mr. Dayan Krishnan, learned Senior Counsel representing the petitioner has invited our attention to a Division Bench judgment of the Bombay High Court in the case of Vihar Durve s. State of Maharashtra & Ors., 2018 Law Suit (Bom) 2435 and the principles crystallized in paras 32 and 33 thereof which read as under:

  1. This Court went to the extent of holding that when the State Government is conferred with the power to establish the Courts, the said power has to be exercised after consultation with the High Court and in the matter of such consultation, the view of the High Court will have a primacy.
  2. Thus, it is already held that in the matter of establishing the new Courts, the views of the High Court will have the primacy. Considering the mandate of Article 21 and Article 39-A, it is the duty of the judicial system to take all such steps so as to ensure that no citizen is deprived of his fundamental rights guaranteed under Article 21 of the Constitution of speedy trial. It is a settled position that it is the obligation of the State to provide all possible infrastructure to the judiciary to ensure that the mandate of Article 21 is followed. If the argument of the State is accepted, it would mean that in a given case, when the High Court Administration is of the considered view that a particular place, it is necessary to create certain number of additional posts of Judges, the State will finally decide whether creation of additional posts of the Judges is necessary at that particular place. Therefore, it comes to it that the State will decide how many Judges are required to deal with the pendency of cases at a particular place and for ensuring the speedy trial. If this view is accepted, it will impinge upon the independence of judiciary which is a part of the basic structure of the Constitution of India”.”

                                                It cannot be lost on us that it is then pointed out in para 11 that, “These principles clearly indicate that once the High Court has sought for certain courts for speedy disposal of cases, the State Government cannot sit over it and has no option but to sanction the posts as demanded by the High Court.”

                                                Above all, it is then pointed out in para 12 that, “That apart, now under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, the State is also bound to create commercial courts in an endeavour to dispose of commercial disputes. More than 22 courts are required to be established in various Districts of Delhi for clearing cases under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 and the demand for the same is also pending before the Govt. of NCT of Delhi. Once the High Court has made a demand, the State is duty bound to sanction the posts and therefore we direct that with regard to 18 fast track courts and 22 commercial courts as demanded by the High Court, the matter be placed before the appropriate authorities namely the Cabinet, a decision taken and a report submitted to this Court on or before 30.05.2019.” The last para 13 then says that, “List on 30.05.2019.”

                                                      To conclude, State must comply with what the Delhi High Court has ordered in its extremely landmark and laudable judgment. It has already been stated in detail above. There is thus just no need of repetition!


Courtesy/By: Adv.Sanjeev Sirohi  |  20 May 2019     Views:1546

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No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
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Madras HC corrects the computation error of Motor ...
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Fundamental Right To Privacy Not Absolute And Must...
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THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
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Triple Talaq legislation is challenged in the Delh...
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Special Olympics International Football Championsh...
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Concession to be given to disabled persons appeari...
03 Aug 2019     Views:2063
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1811
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2071
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1606
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:1457
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1492
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5757
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2319
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1514
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1555
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1764
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1473
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
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Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1424
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1793
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1946
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1443
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:1567
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1328
Centre Is Legally Empowered To Create A High Court...
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Centre Must Now Immediately Order Creation Of HC B...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2747
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1363
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1673
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4940
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:2733
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1891
Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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Why Should UP Have Least High Court Benches In Ind...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
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Delhi High Court Directs Government To Set Up 18 F...
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No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:1390
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3527
Nations Must Make Gun Laws More Stricter...
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SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
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Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1653
Successive Applications For Recalling Witnesses Sh...
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Lieutenant General (Rtd) Cannot Be Tried In A Gene...
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Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3220
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2457
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2706
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2779
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2052
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2170
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23 Jan 2019     Views:2218
Mere Allegations Of Harassment Without Proximate P...
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NCW is a Lame Duck or Legal Guardian for women...
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Men Too Have Right Not To Be Defamed And Denounced...
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23 Oct 2018     Views:3816
There Cannot Be Any Mechanical Denial Of Appointme...
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Extra-Judicial Confession Of Accused Need Not In A...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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03 Sep 2018     Views:2274
NDPS Bail Conditions Discriminatory, Irrational An...
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People Without A Degree Performing Surgeries: Utta...
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MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1800
Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1949
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Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2155
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2111
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2432
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04 Aug 2018     Views:2397
Courts Must See That The Public Doesn’t Lose Con...
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UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1991
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1860
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3234
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3226
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3077
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2349
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23 Jul 2018     Views:1688
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1638
Stone Pelters And Terrorists Have No Right To Life...
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Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2165
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Supreme Court To Look Into Validity Of Amended Law...
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29 Jun 2018     Views:2699
No Politics Please Over Plan To Assassinate PM Mod...
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Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3134
Right Of Adult Couple To Live Together Without Mar...
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Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1584
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:1745
Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
01 Jun 2018     Views:1763
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:1656
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1786
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1572
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1650
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2122
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:1680
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1602
Soldiers Have Every Legal Right To Kill Stone Pelt...
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Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1573
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1578
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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2G Scam : The 2G Scam and much more...
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Kerala teen surveillance case: Invasion of Privacy...
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