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Advocate Sumit Chander filed a PIL before the Delhi HC seeking order from the court to direct Government of NCT of Delhi for setting up of Fast Track Court (FTC) on permanent basis along with creation of additional posts by following the mandate of the Supreme Court.
The petition alleged that the state government of Delhi is acting in contravention of the decision of Supreme Court in the case of Brij Mohan Lal v. Union of India, (2012) 6 SCC 502. The Supreme Court in the above said judgment mandates the states for creation of Permanent FTCs. However, mandatory but states are at liberty to either end the FTC continuing in state or to establish the existing FTCs on permanent. The said order of SC was aimed towards discontinuance of various ad-hoc (temporary) FTCs established by the state.
There is long delay in disposal of cases and huge backlogs with courts owing to the indolent approach on the part of state to set up permanent FTC. However, in spite of the SC judgment the government of NCT Delhi is still delaying in respect of establishing permanent FTC and insisting upon extending scheme of Fast Track Courts on ad hoc basis.
The Delhi HC issued notice to government of NCT of Delhi and asked to submit a detailed status report with respect to the status of fast tract courts. It is specifically pointed out through the present petition that how inactivity of state government to create additional FTC on permanent basis is defeating the objective of “speedy trial”.
The Delhi judicial services and Delhi Higher Judicial Services are facing huge shortfall of judicial officers as against the sanctioned strength. The Petitioner prayed for making FTC scheme a permanent feature in the State and for sanction of 20 posts of Additional district & Sessions Judge along with 95 posts of ancillary staff on permanent basis for FTCs.
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