States, High Courts to ensure Fast Track Courts to try criminal politicians are functional from March 1, 2018

The Supreme Court today directed State governments and respective High Courts to ensure that twelve special courts, mooted by the Centre to try criminal politicians, are functional from March 1, 2018..This direction was issued by a Bench of Justices Ranjan Gogoi and Navin Sinha in a public interest litigation filed by Ashwini Kumar Upadhyay..On November 1, 2017, the Supreme Court had directed the Centre to set up a Central Scheme to set up Fast Track Courts with a view to exclusively dealing with criminal cases pending against legislators. The Court had also directed the Centre to submit the amount of funds required to set up these courts..In response, the Centre in its affidavit had stated that it would set up twelve Special Courts for a period of one year. This number was based on the 11th Finance Commission report, which found that one such court can dispose 165 cases per year..The Centre also earmarked Rs. 7.8 crore for these twelve Special Courts. This number was arrived after estimating Rs. 65 lakh to be the cost of setting up one such court, after taking account the revised pay scales of judges in light of the 7th Central Pay Commission..When the matter came up for hearing today, the Court noted the submissions made by the Centre in its affidavit. It then proceeded to direct the following regarding the distribution of funds earmarked for the purpose..“The Union of Indian in its additional affidavit has further stated that a sum of Rs.7.80 crores has been earmarked as the required expenditure for the setting up of 12 Courts and the Department of Expenditure, Ministry of Finance has granted in-principle approval to the said allocation. Having considered the matter we direct the Union of India to proportionately allocate the aforesaid expenditure i.e. 7.80 crores to the different States in which the Special Courts are planned to be located. This should be done forthwith.”.Regarding the setting up of Special courts, it issued the following direction to the concerned States governments and High Courts..“Immediately after such allocation is made and intimated to the respective State Governments, the State Governments in consultation with the High Courts will set up the Fast Track Courts (12 in all) to ensure that the said Courts start functioning from 01.03.2018. All necessary/required notification(s) shall be issued by the concerned/respective State Government(s). .The High Court(s), acting through the various trial Courts, will trace out from the case records the particular case(s) pending in the files of the respective judicial officers under the jurisdiction of the High Court(s) which are required to be dealt with by the Special Courts under the Scheme and thereafter transfer the said cases to such Special Courts(s) for adjudication.”.The case is now listed for hearing on March 7, 2018..Read the order below.