Criminal Procedure Project

NATIONAL LAW UNIVERSITY ODISHA
4TH SEMESTER, CRIMINAL PROCEDURE PROJECT
FAST-TRACK COURTS IN INDIA
SUBMITTED BY:
Snehashree Hota (2013/BA.LLB/047)
Antim Amlan (2013/BA.LLB/007)
Pradeep Ahirwar (2013/BBA.LLB/026)
TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................ 2
II
TABLE OF AUTHORITIES .......................................................................................... 4
III INTRODUCTION............................................................................................................ 7
IV RESEARCH METHODOLOGY ................................................................................. 10
1)
OBJECTIVES .................................................................................................................. 10
2)
RESEARCH QUESTIONS ................................................................................................. 10
3)
HYPOTHESIS.................................................................................................................. 10
4)
SOURCES ....................................................................................................................... 10
FAST TRACK COURTS IN INDIA: AN ELUCIDATION ...................................... 11

1)
JUDGEMENT IN RELATION TO FAST TRACK COURT ....................................................... 11
2)
CURRENT STATUS OF FAST TRACK COURTS IN STATES ................................................. 13
3)
ANALYSES OF FAST TRACK COURT ............................................................................... 16
1)
SUCCESSES AND FAILURES OF FAST TRACK COURTS ................................... 18

a.
WHICH CASES ARE TRIED IN THE FAST TRACK COURTS? ............................ 18
B.
THE SUSPICIONS RAISED ON THEM .................................................................. 18
2)
SOME NOTABLE CASES IDENTIFIED:.................................................................. 19

a.
In the Best bakery case: ........................................................................................... 19
b.
In the Jessica Lal case ............................................................................................. 19
3)
AFFECTING THE PROCESS OF NATURAL JUSTICE:.......................................... 20
4)
A MORE SPECIFIC LOOK AT THE RAPE CASES REPORTED ............................ 22
5)
ISSUES TO DEAL WITH IN THE LARGER PICTURE IDENTIFIED..................... 23
6)
IS THE ARTICLE 14 FOR OTHER CASES VIOLATED? ........................................ 23
7)
FAITH ON FAST TRACK COURT ............................................................................ 24
8)
BEST BAKERY CASE TRIAL ANALYSED............................................................. 25
9)
DELVING INTO THE WITNESS PROTECTION PROGRAMME .......................... 26
1)
THE BLEMISH OF THE FAST TRACK: FAIR TRIAL ........................................................... 28

a.
Meaning and scope of Fair Trial ............................................................................. 28
b.
Rights of the Accused ............................................................................................... 28
c.
Presumption of innocence ........................................................................................ 30
d.
Independent & Impartial Judges ............................................................................. 30

CRIMINAL PROCEDURE PROJECT
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e.
2)
3)
The Governments Arsenal ...................................................................................... 30

EMERGENCE OF FAST TRACK COURTS IN INDIA: THE SPEEDY TRIAL SYSTEM31
a.
Speedy Trial: Why we need it?................................................................................. 31
b.
Evolution of the system ............................................................................................ 32
c.
The sluggish Indian Judicial system ........................................................................ 33

IMPORTANCE OF SPEEDY JUSTICE ..................................................................... 33
VI CONCLUSION .............................................................................................................. 35
VII
BIBLIOGRAPHY ...................................................................................................... 38

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II
TABLE OF AUTHORITIES
CASES
A.R. Antulay vs R.S. Nayak 1988 AIR ---------------------------------------------------------------12
Abdul Rahman Antulay v. R.S. Nayak, 1988 AIR 1531, 1988 SCR Supl. ----------------------31
Ansuyaben Kantilal Bhatt v. Rashiklal Manilal Shah, (1997) 5 SCC 457. ----------------------33
Babu Singh v. State of UP, 1978 AIR 527, 1978 SCC (1) 579. -----------------------------------31
Bina K Ramani v. State ILR (2010) Supp.(3) Delhi 476. ------------------------------------------18
Brij Mohan Lal v. Union of India, (2002) 5 SCC 1 -------------------------------------------------10
Hussainara Khatoon v. State of Bihar, 1979 AIR 1360, 1980 SCC (1) 81. ----------------------30
KadraPehadiya vs. State of Bihar,1981 Cr.L.J. 481 -------------------------------------------------32
Kalyani Baskar v. M.S. Sampoornam, (2007) 2 SCC 258.-----------------------------------------27
Khatri v. State of Bihar, AIR 1981 SC 1068. --------------------------------------------------------28
M/S SIL Import, USA v M/S Exim Aides Silk Exporters AIR 1999 SC 1609------------------31
Mohammed Ajmal Mohammed Amir Kasab v. State of Maharashtra AIR 2012 SC 3565 ---19
Nahar Singh Yadav v. Union of India, (2011) 1 SCC 307. ----------------------------------------27
P. Ramachandra Rao v. State of Karnataka, AIR 2002 SC 1856 ----------------------------------10
Ranjan Dwivedi v Central Board of Investigation, Writ Petition (Crl.) No. 200 OF 2011. --28
S. P Gupta v President of India AIR 1982 SC 149 --------------------------------------------------11
Shyam Singh v. State of Rajasthan, 1973 Cri LJ 441, 443, (Raj.) --------------------------------29
State of Maharashtra v Dr.Praful.B.Desai 2003 (3) SCALE 554. ---------------------------------30
State of U.P. v. Naresh and ors, CRIMINAL APPEAL NO.674 of 2006 ------------------------29
State through Reference v. Ram Singh and Anr. IV (2014) CCR 174 (Del.)--------------------21
Zahira Habibullah H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 -----------------------------27
STATUTES
Speedy Trial Act, 18 U.S.C.A. -------------------------------------------------------------------------31
OTHER AUTHORITIES

Page | 4

Brief Note on the Scheme of Fast Track Courts, Dept. of Law and Justice, Govt. of India.
Retrieved from, http://doj.gov.in/?q=node/108 ---------------------------------------------------- 6
Fast Track Courts, Press Information Bureau, Government of India. Retrieved from,
http://pib.nic.in/feature/feyr2001/fmay2001/f010520012.html. --------------------------------- 6
Great Britain. Justice at the Right Price: A Consultation Paper on a Costs Regime for the Fast
Track. [London]: [Lord Chancellors Department], 1998 ----------------------------------------33
Law Commission of India. (2005). One hundred eighty eighth report on proposals for
constitution of hi-tech fast-track commercial divisions in high courts. Delhi: Controller of
Publications.--------------------------------------------------------------------------------------------26
RULES
Law Commission of India, 14th Report, 1958 -------------------------------------------------------33
Recommendations of the 11th Finance Commission, Press Information Bureau, Ministry of
Finance, Government of India ------------------------------------------------------------------------ 7
BOOKS
Camerint, M., McDonald, J., Hess, R., University of Wisconsin, Madison & Worldview
Productions Film. (1981). COURTS AND COUNCILS: DISPUTE SETTLEMENT IN INDIA.
Madison, WI: University of Wisconsin. ------------------------------------------------------------ 7
GEORGE EYRE AND ANDREW STRAHAN Great Britain.. AN ACT FOR THE MORE SPEEDY TRIAL.
London: (1806) ----------------------------------------------------------------------------------------31
Kumar, N. (1997). Natural justice: Principle and practice. Delhi, India: Kanuni Salah Kendra.
-----------------------------------------------------------------------------------------------------------29
KUMAR, N. (NAGENDRA), 1924- (1997). NATURAL JUSTICE: PRINCIPLE AND PRACTICE. Delhi,
India: Kanuni Salah Kendra. -------------------------------------------------------------------------27
Loosen, Anne. DO FAST TRACK COURTS TEMPER JUDICIAL DELAY IN INDIA? 2010. Jain Books
Co. -------------------------------------------------------------------------------------------------------- 6
Majumdar, Nur Md. Abdullah Ahmed, and Ahsan Rashid. Right to Speedy Trial: Indian
Judiciary and Justice Delivery System. 2015. -----------------------------------------------------32
MALIK, SURENDRA, AND SUDEEP MALIK. SUPREME COURT ON CRIMINAL PROCEDURE CODE &
CRIMINAL TRIAL. Lucknow: Eastern Book Co, 2011. -------------------------------------------27
Sarma, B. C. (2012). Fair hearing and access to justice. Kolkata: Eastern Law House. -------28
Singh, J. (1997). Right to speedy justice for undertrial prisoners. New Delhi: Deep & Deep
Publications.--------------------------------------------------------------------------------------------30
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Singh, P. K. (2011). Human rights of accused in the criminal process. Delhi: Swastik
Publications --------------------------------------------------------------------------------------------28
JOURNALS
Asghar Ali Engineer, Lessons of Best Bakery Case, Economic and Political Weekly, July 25,
2003, Vol.38 No. 29 ----------------------------------------------------------------------------------24
Fast Track Courts and Pending Cases, Retrieved from,
http://www.indiaspend.com/investigations/1200-fast-track-courts-in-india-but-600000cases-still-pending-------------------------------------------------------------------------------------15
Governance Knowledge Centre, Right to Justice soon to be a Fundamental Right, Retrieved
from, http://indiagovernance.gov.in/news.php?id=526 ------------------------------------------33
Harleen Kaur, IN SUCH A HASTE- THE SYSTEM OF FAST TRACK COURTS IN INDIA ----------------19
Lhendup G. Bhutia, The Case against Fast Track courts, October 12, 2013,
http://www.openthemagazine.com/article/nation/the-case-against-fast-track-courts. -------21
'Protecting The Witness', Economic and Political Weekly, Vol.39 No. 46/47 ------------------26
William Galo, 'EFFECTIVENESS OF INDIA'S FAST TRACK COURTS QUESTIONED' -----------------21

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III
INTRODUCTION
Fast track court is the important method to clearing the massive backlog cases
pending in the Indian Court. Purpose of the fast track court is to provide justice as
early as possible. Proceedings, cross question examination, witnesses examination
and trial go in speed because if there is a delay in the judgment that amount to justice
denied. It is clear violation of fundament right, even though Indian Constitution
clearly not provides any fundamental rights in relation to speedy trail, but it reflect or
implicit from the Article 21 says that no person is to be deprived of his life or liberty
except in accordance with the procedure established by law.1
The fair procedure cannot to be say if the fast track court cannot guarantee to speedy
trial for the fortitude of the guilt of accused. It cannot say fair procedure if there often
delay in proceedings, trails which may affects or change the evidences and witnesses.
A free and effective judicial system is one of the fundamental features of our
Constitution. In the event that adequate number of judges are not delegated, justice
would not be reachable to the individuals, in this manner decline the basics feature of
the Constitution. It is remarkable that justice delayed is justice denied. On many
occasions the insufficiency in the quantity of judges has unfavourably been remarked
upon. 188th Law Commission Report and Parliamentary Standing Committee along
with judiciary also point out for the establishment of fast track court. There are about
crores of cases pending in the lower courts and 35 lacs cases pending in the High
Court.
In the 11th Finance Commission report2, thousand numbers of Fact Track Court was
established after various recommendation made to Indian Government. First fast track
court was formed for hearing the crimes against female in Delhi on 2nd January 2013.
The main reason to establish these court is to reduce the number of under trials in
jails. There is a prediction that 1.86 lacs under trial cases are pending in the all over
the India. Most of the offender who are in the jails have charged with minor offences
and many of them are in the jail in absence of trail3.
Loosen, Anne. DO FAST TRACK COURTS TEMPER JUDICIAL DELAY IN INDIA? 2010. Jain Books Co. PRINT.
Brief Note on the Scheme of Fast Track Courts, Dept. of Law and Justice, Govt. of India. Retrieved from,
http://doj.gov.in/?q=node/108 Last seen on, 01-04-2015
3
Fast Track Courts, Press Information Bureau, Government of India. Retrieved from,
http://pib.nic.in/feature/feyr2001/fmay2001/f010520012.html. Last seen on, 23-03-2015
2

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The consequences of judicial delays for ordinary litigants are immense, and in some
cases even tragic. Recently a senior citizen who had invested his life's savings in a
nonbanking financial company attempted self-immolation after a Delhi court granted
yet another postponement of the proceedings for recovery of his savings from the
defaulting company. Judicial delays, whether in cases involving high profile persons
or those relating to ordinary litigants, are indefensible, and so there is a dire need to
mitigate their consequences.4
The number of pending cases is indeed alarming. As on July 5, 2000, the total number
of cases pending before the Supreme Court was 21,600 against 1.05 lakhs a decade
ago. As for the High Courts, pending cases number 34 lakhs now, against 19 lakhs 10
years ago. The number of cases pending for more than 10 years is 645 in the Supreme
Court and 5, 00,085 in the High Courts.5
One of the reasons attributed to the huge increase in the number of pending cases in
High Courts is the non-filling of Judges' vacancies in time. There are more than 100
such unfilled vacancies. The number of cases pending trial in the 12,378 district and
subordinate courts in the country is estimated to be about two crores. Of the 12,205
posts of judges and magistrates in these courts, 1,500 are vacant.6
There have been several proposals before the Union government to cut down on
judicial delays. The launching of about 450 fast track courts on April 1, 2011 at the
district level in various States has been one of the measures in this direction. Initially
1,734 such courts are proposed to be set up, at the rate of five in each district.7
The Centre's proposal stems from the recommendation of the Eleventh Finance
Commission (EFC), which has provided a grant of Rs.502.90 crores for the creation
of additional courts, specifically to dispose of long pending cases. Of this, more than
Rs.200 crores has already been disbursed to the States. Funds have been provided for
salaries and for building infrastructure, at the rate of Rs.29 lakhs for each court. Each
fast track court will be asked to dispose of 14 sessions trial cases in a month.
Supra Note 1.
Camerint, M., McDonald, J., Hess, R., University of Wisconsin, Madison & Worldview Productions Film.
(1981). COURTS AND COUNCILS: DISPUTE SETTLEMENT IN INDIA. Madison, WI: University of Wisconsin.
6
Ibid.
7
Recommendations of the 11th Finance Commission, Press Information Bureau, Ministry of Finance,
Government of India.
5

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In the first year, these courts are expected to dispose of all the 1.8 lakh cases
involving under-trials. According to N.C. Jain, member, EFC, the scheme will help
make enormous savings in terms of the expenses incurred over the maintenance of
under-trials, who numbered 1, 88,241 as on December 31, 1998.
Jain estimates that the average cost per under-trial a day is Rs.55, covering food,
medicine and clothing, with extra provision for sanitation and water, correctional
programmes, and transportation to the courts and back. The annual expenditure on
each under-trial thus comes to about Rs.20, 000.
The maintenance of the 1.2 lakh under-trials in prisons across the country costs the
government Rs.240 crores a year. This amount could be saved if cases against them
were expeditiously tried and disposed of. The EFC has estimated that the annual
recurring expenditure in respect of fast track sessions courts at the rate of five a
district would be approximately Rs.87 crores. The net saving for the government
would, therefore, be Rs.153 crores a year. Speedy trial of the cases against undertrials would also be an answer to charges of human rights violations.
The fast track court scheme envisages the appointment, for a tenure of two years, of
ad hoc Judges from among retired sessions or additional sessions Judges, members of
the Bar, and judicial officers who would be promoted on an ad hoc basis. The
selection of Judges will be made by the High Courts. The Centre has directed the
State governments to fill the vacancies that might arise in the wake of ad hoc
promotions through a special drive.

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IV
RESEARCH METHODOLOGY
1) OBJECTIVES
The objective of the research paper is to ascertain how far placing Fast-track court in the
judicial system in India has achieved its purpose as an institution to overcome pre-existing
lacunas.
2) RESEARCH QUESTIONS
Has the purpose for the inception of Fast-track courts been fulfilled?
What are the factors which have either aided or degraded the functioning of Fast-track
courts?
How far the decisions imparted have had a progressive contribution to Criminal
jurisprudence?
What are the basis of Fast-tracking a case?
How does they affect the Rights of the Accused and the quantum of the legality being
followed during the fast-tracking?
3) HYPOTHESIS
Inspite of the criticisms handed out to the fast track courts, they have managed to reduce
burden of pending cases on the judiciary.
The court follows due process model that the Indian inquisitorial system stands by it.
4) SOURCES
The sources used while preparing this case analysis have been categorically described below.
The author has used online web sources like Manupatra, SCC-Online and other news web
blogs to research and discuss the criticality of this case.

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FAST TRACK COURTS IN INDIA: AN ELUCIDATION
CHAPTER I
1) JUDGEMENT IN RELATION TO FAST TRACK COURT
Supreme Court monitoring the functions of Fast Track Court and it was ruled in the
famous case Brij Mohan v Union of India. In the particular case, Supreme Court held
that the scheme of Fast Track should not to be disbanded from the sudden and
continue the Fast Track Court. It was said in the case that Supreme Court is not
perfect place to determine the policies matter but it should be interfered so rarely
because it is matter of protection of the fundamental right. Government should also
appoint retired judges who had good reputation regarding honesty, integrity, and
character wise so he to heard the case wisely. Court directed that the fund allocated
will not withhold in any circumstances and issued certain guideline for the creation of
new fast track court. And central and state government should be informed about the
utilization of allocated money time to time8.
Another leading case P. Ramachandra Rao v. State of Karnataka9 speedy trail is a
matter of fundamental right and it is the right under Article 21 of Indian Constitution
that every person to get reasonable speedy trail. Constitutional jurisprudence has
tested the true nature and validity of fair procedure and speedy trail. Court should go
one step ahead and state a limit and beyond that limit no criminal case will not
entertained except in certain cases where parties show valid reason to accept criminal
case.
In another case S. P Gupta v President of India court held that it the duty of state to
provide for fair and efficient administration of justice. Promote the public interest
litigation and remove the technical barriers against easy accessibility to promote
justice. Justice can reach to the people who are exploited and deprived by their basic
needs so they enjoy the socio-economic rights granted to them. Ant these right give
real justice and make their life meaningful instead of remaining mere empty hopes.
Under Article 219 of the Indian Constitution of India, is provide in appoint of
8
9
Brij Mohan Lal v. Union of India, (2002) 5 SCC 1

P. Ramachandra Rao v. State of Karnataka, AIR 2002 SC 1856

Page | 11

satisfactory numbers of judges and that Court had the power to through the executive
to do so. Public interest also requires whomsoever appoint as a judges should be fit
mentally, physically and intellectually and morally. Contrary it would be weal to
appoint a person who is not fit then it would create trouble10.
Maneka Gandhi v Union of India that fundamental rights should not to be read in
water tight compartment but it should read as one integral whole. The law should be
reasonable, fair and so it would not violate the articles 21, 19 and 14 that means law
should not be arbitrary, fanciful or oppressive. The speedy trial should be fair and
reasonable which is important part of right to life and liberty under these article.
Fast track court effectively disposed the cases but these cases are still pending in the
high court. Fast track court decide the BPO Worker Case in November 2010 and
awarding life imprisonment to all the five with fine of Rs 50,000 each. But after 4
year BPO case was heard by the Delhi High Court.
In Shakti Mill Gang rape case photo journalist was gang raped by the five people,
including the minor. Fast track court heard the case in August 2013 and awarding the
death sentence to three and the minor was sent to juvenile justice board. After 7
months, case heard by the Bombay High Court, awarding death sentence. But the
victim are still not get justice because of long pendency of the cases in the Supreme
Court.
Another important case as all we know the Delhi Gang rape, physiotherapy student
was gang raped by the six people including a minor. Fast Track Court took 7 months
to complete court proceedings. Court awarding death sentence to four and the minor
was sent to juvenile justice board for three year. Delhi high court upheld the fast track
court decision in March. But still the case is pending in the Supreme Court after 10
month from the decision passed by the Delhi High Court.
Constitution bench in A R. Antulay cases court states 11 guidelines but only few of
them are related to the circumstances.
(i)
10
Fail, just and reasonable procedure implied in article 21 of Constitution of

India creates a right in the accused to be tried speedily.
S. P Gupta v President of India AIR 1982 SC 149

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(ii)
Right to speedy trial flowing from article 21 encompasses all the stages like
stage of investigation, inquiry, trial, appeal, revision and re-trial.
(iii)
Who is responsible for the delay and what factors have contributed towards
delay are relevant factors like nature of crime, numbers of witness and
accused11.
The Criminal Courts ought to practice their accessible forces, for example, those
under Sections 309, 311 and 258 of Code of Criminal Procedure to effectuate the
privilege to fast trial. A watchful and industrious trial judge can end up being
preferred defender of such directly over any rules. In suitable cases purview of High
Court under Section 482 of Cr.P.C. furthermore, Articles 226 and 227 of Constitution
can be conjured looking for fitting help or suitable bearings.
In India, the proportion between the judges and population is very low i.e. 12 number
of judges over one million people but if we compare this with America, they have 50
judges over one million of population. After the Delhi gang rape case, government
amended the law that trial of rape case should be completed within 2 month.
Fast Track Court are function same and follow the normal procedure as follows in
other trial. But government allocated special fund to fast track court to appoint special
judges and may special infrastructure. There is special procedure follow in certain
cases in the fast track court when the accused is below the age of 18 year. Minor
accused should be sent to juvenile justice board and remain in the custody for certain
fix period of time.
2) CURRENT STATUS OF FAST TRACK COURTS IN STATES
TABLE 1: NUMBER OF FAST TRACK COURTS AND THE PENDING CASES IN FTC12S
State
No of FTC
No of cases
transferred until
March 31, 2011
Pending cases
Arunachal Pradesh
4,162
2,502
Bihar`
179
2,39,278
80,173
11
12
A.R. Antulay vs R.S. Nayak 1988 AIR 1531

http://www.prsindia.org/theprsblog/?p=2388

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Assam
20
72,191
16,380
West Bengal
109
1,46,083
32,180
Goa
5,096
1,079
Punjab
15
58,570
12,223
Jharkhand
38
1,10,027
22,238
Gujarat
61
5,37.636
1,03,340
Chattisgarh
25
9,4670
18,095
Meghalaya
1,031
188
Rajasthan
83
1,49,447
26,423
Himachal Pradesh
40,126
6,699
Karnataka
87
2,18,402
34,335
Andhra Pradesh
108
2,36,928
36,975
Nagaland
845
129
Kerala
38
1,09,160
13,793
Mizoram
18,68
233
Haryana
38,359
4,769
Madhya Pradesh
84
3,60,602
43,239
UP
153
4,64,775
53,117
Maharashtra
51
4,23,518
41,899
Tamil Nadu
49
4,11,957
40,621
Uttarakhand
20
98,797
9006
Orissa
35
66,199
5,758

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Manipur
3,059
198
Tripura
5,812
221
Total
1192
3898598
6,05,813
TABLE. 2
State
Number of FTCs
Top 5
Bihar
179
U.P
153
West Bengal
109
Andhra Pradesh
108
Bottom 5
Manipur
Nagaland
Meghalaya
Mizoram
Tripura
Total
1,192
ORISSA, U.P FAST TRACK COURTS MOST EFFICIENT

State
Transferred cases Disposed cases
Pending cases
Clearance rate
Top 5
Tripura
5,812
5,591
221
96
Manipur
3,059
2,861
198
94
Orissa
66,199
60,441
5758
91

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U.P
98,797
89,791
9006
91
Tamil Nadu
4,11,957
3,71,336
40,621
90
Bottom 5
Arunachal
Pradesh
4,162
1,660
2,502
40
Bihar
2,39,278
1,59,105
80,173
66
Assam
72,191
55,811
16,380
77
West Bengal
1,46,083
1,13,903
32,180
78
Goa
5096
4017
1079
79
Total
3,898,598
3,292,785
605,813
84
As given in the table, highest number of the fast track court in Bihar followed by
Uttar Pradesh, West Bengal and Andhra Pradesh, where lowest three number of fast
track court are in all the 6 state North East states. Bihar also has the second highest
pending cases in the country. But the most efficient and effective justice delivered by
the Tripura, Manipur has the highest rate of disposing the cases followed by the
Odisha, Uttar Pradesh and Tamil Nadu. And the top bottom states Arunachal Pradesh,
Bihar Assam, West Bengal and Goa has the lowest disposing rate. 3.89 million Cases
has been transferred to the fast track court where only 3.29 million cases have
disposed13.
3) ANALYSES OF FAST TRACK COURT
Procedure of the Fast Track Court is same as normal court and it govern by the
Criminal Procedure Code. But it not allow any of the party to take long date that
means it give rest only for shorter period of time. People are not happy the way these
court are working and called these court as 'fast-track injustice. The standard of these
court goes down because these courts are try to finish the idealistic targets of cases
rather than providing good judgment. They are ordered that they should not to get
13
Fast Track Courts and Pending Cases, Retrieved from, http://www.indiaspend.com/investigations/1200-fasttrack-courts-in-india-but-600000-cases-still-pending. Last seen on, 25-03-2015.

Page | 16

involved too much in the technicality of the problem. If they think fit that a person is
liable for his act, then pronounce him guilty for his negligent act and if they think fit
that he is not liable then announce him innocent. But the Criminal law system is not
only limited as to declare him guilty or not guilty but it needs more care and attention.
Judges should not to decide the case on mere ideas, feeling or guesses by cutting the
evidence and not allowing the full cross examination and even allow proceeding in
the absence of lawyers in many cases. Because sometimes when the opposite side
lawyers or witness are not present then Judges make the case ex-party and decide the
case in favour of one party. People are unhappy upset and unsatisfactory and
objecting the justice delivery system when these judgment made by the judges.
Fast-track courts established solely deal the rape cases, it is right? But what about
other crimes like domestic violence cases, matrimonial cases tribal displacement cases
slum demolition cases labour cases. Rapes case in India, are not only problem but
there is huge pendency of other types of cases in the courts or to tackle other crimes is
not important. Like women, who is fight for divorce, maintenance and guardianship
for their children since last 10 year? Or when one person was defrauded,
misrepresented by other person and the person lose all his property is it not important?
Government established fast track court only for rape there is mockery, fun with the
people because Government is trying to sort out one kind of cases i.e. rape cases.
People don't need any politicians show off and play with our torment, people want to
see to punish the culprit and all round action from the government.
Purpose of the fast track is not achieved in real sense because either the complete
evidences and witnesses are not produce before the court or somehow the evidence
produce in the court. Judges either escape or cut the long queue of the witness which
effect the decision of the case. Judges gave the decision on basis of their wisdom but
victim will not get justice immediately after the case decided by the fast track court
because there is long pending of cases in High Court and Supreme Court.

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CHAPTER II
1) SUCCESSES AND FAILURES OF FAST TRACK COURTS
The famous rape case that occurred in Delhi in 2012 December was also one which
was tried, as per the government's order in a fast track court, following which several
fast track courts were set up for trying cases of rape. This case was tried within a
period of 9 months after which the verdict of conviction was issued. The Department
of Finance and Justice both as decided had resorted to this 'fast track process' in order
to clear backlogs and here out the under trial prisoners who had been in jails beyond
the maximum period ascertained for the committed offence.
A fast track court hears cases on a day to day basis and supposed to function
efficiently. The funding for these courts was received till the year 2011after which the
government ceased its funding. The administration of it is largely dependent on the
respective High court and without the funding from the state governments the
functioning of these courts are paralysed, which has occurred in the present scenario
causing huge disappointment.
a. WHICH CASES ARE TRIED IN THE FAST TRACK COURTS?

There has been no guidelines set for any court that is to be fast tracked and the trend
of cases that have been noticed to have been taken up are generally the one which
gain a lot of media attention. This has been one of the biases for which the fast track
courts have been blamed for violating the right to equality that is handed out to the
citizens by our constitution. In absence of any codification of the cases to be sent to
these courts there can be the problem of arbitrariness.
B. THE SUSPICIONS RAISED ON THEM

Fast tracking doesn't mean dispensing with the criminal justice system but hearing a
case on daily basis, with a few adjournments and arrive at the decision as early as
possible.
These courts have always invited high amount suspicion from the judiciary especially
from the High Courts for reasons such as:
1. The procedures irregularities many a times admonished by the higher courts and

Page | 18

2. The merits and experience of the appointed ad hoc judges of the fast track courts.
The major problem lies in the treatment that the judiciary or the rest of the system hands out
to these courts. In some states these courts are considered to be out of the batches of normal
courts. They can only function the best if they are kept within a framework of the supervisory
high courts and can deliver better with efficiency if the funding of these courts is not
restricted as being done.
2) SOME NOTABLE CASES IDENTIFIED:
a. In the Best bakery case14:

This case is believed to be the worst example of the functioning of the fast track
courts and its repercussions and is labelled as a mockery to the judicial system of
India. There was no proper taking up of evidence by the court in the beginning of the
case. In 2002, in Vadodara city of Gujarat after the massacre killings of the Godhra
riots 14 people were believed to be burnt alive.
This case was tried in the Baroda fast track court that acquitted the 21 accused after a
short trial of 41 days, amidst alleged procedural irregularities. The blame was put on
the police by the court for not investigating properly and the witnesses who retracted
their statements later. This verdict was also upheld by the High Court but it was only
after the National Human Rights Commission filed a petition in the Supreme Court
that a retrial was conducted. In this case the Supreme Court itself observed that there
has been a grave miscarriage of justice on the part of the fast track court.
b. In the Jessica Lal case15

There was no separate fast track court but after the huge public outcry over the 2006
acquittal of Manu Sharma because of retraction of statements by the prosecution
witnesses, that further led to several applications being sent to the President and Prime
Minister, compelled the High Court to take up the case once again without many
adjournments. This case in was reported by Media to have been fast- tracked by the
courts. The Jessica Lal case is a clear example of how a case can be fast tracked
without a special court being established for the purpose and avoiding the suspicion
that surrounds such form of courts.
14
15
Zahira Habibullah Sheikh v. State of Gujarat and Ors. AIR 2006 SC 1367.
Bina K Ramani v. State ILR (2010) Supp.(3) Delhi 476.

Page | 19

The case of Ajmal Kasab16 was put in the Fast Track Court in 2009, January on
grounds of waging war on the nation and killing 166 people (murder). There was an
11,000 pages chargesheet filed and he was charged with 86 offences and was
convicted and sentenced to capital punishment. Appeal went up to the High Court and
Supreme Court calling also for a mercy petition which did not come through and
Kasab was hanged. In this case the procedure followed by the fast track courts was
appreciated because neither did it deny rights to the accused in the circumstantial
outrage nor did the lengthy procedure hamper justice to the victims.
3) AFFECTING THE PROCESS OF NATURAL JUSTICE:
The similarity amongst the cases generally taken up by the judiciary under the fast
track courts have been the ones under continued public eye and scrutiny of interested
intellectuals that pressurised both the executive and the Judiciary to perform their
duty. It has also been noticed that these fast track courts are handed with some
unrealistic targets when seen in comparison to the ordinary judicial process. As per
the statement released by the department of Justice "the information with High Courts
or State Governments- out of 38.90 lakh cases that have been transferred into the
jurisdiction of these courts, already 32.34 lakh cases have been disposed". An issue
this data raises in one's mind is whether such high numbers of disposal which were
unachievable in normal procedural courts but made possible through these courts,
have followed the due process of natural justice and have the rights that have been
guaranteed to the accused and victim under the law been secured.
What the Judiciary as well as the Executive needs to apply is the refilling the lacuna
or gap of judges that the Indian legal system suffers at present. Efficiency of the
courts can be increased by increasing the number of judges Five times in comparison
to the present.
A Senior Supreme Court Advocate in an interview to the 'Voice of America' stated
that the required number of judges in a developing country is 60 per million whereas
in India the target reached is only of 12 per million, thus lagging behind by one fifth
of the needed numbers.17
16
Mohammed Ajmal Mohammed Amir Kasab v. State of Maharashtra AIR 2012 SC 3565.
Harleen Kaur, IN SUCH A HASTE- THE SYSTEM OF FAST TRACK COURTS IN INDIA, Retrieved from,
http://blog.ipleaders.in/the-system-of-fast-track-courts-india/. Last seen on September 25, 2013
17

Page | 20

At the crux, it is the sessions court with increased efficiency that constitutes a Fast
track court. The increasing in Judiciary that is extremely necessary for the present
legal system to correct the scenario of ' delayed Justice'.
The very interview of Advocate Collin Gonsalves who is also the Director of the New
Delhi-Human Rights Law Network also elucidates a number of facts in relation to the
functioning of the Fast track courts. As we have one- fifth the number of required
judges, a case that is supposed to take 1 year in turn takes more than 5 years. Here the
Judge handles 5 times more number of cases than he ought to have thus adjourns fourfifth of the cases, finally dealing only with one-fifth. The way that the government
resorted to tackle this issue was by creating fast track courts, which was nothing more
than a 'piece- meal' approach or as always done by the government a knee-jerk
reaction that is palliative to a present outrage.
But the government by the time it was 2010- 2011 back tracked and withdrew funding
these courts as they stated it to be too expensive for the government to afford for
judiciary. Hence they planned to disband these courts.
Along with the unrealistic targets offered these courts generally do not step into the
formal technicalities of a case and often operate on guess work. People who have
worked in these fast track courts have termed it as 'fast track -injustice'. The judges
convict if they feel one is guilty and acquit if they are with the feeling that the person
is innocent, which is so less than a joke out of the Criminal Justice System. Decisions
made in accordance to fundamentals of criminal justice system and procedure
established by law are not based on guess work or hunches. Judges in many cases
have done away with a full cross examination, in a few proceeding without lawyers.
Thus the system turned out to be one that did not satisfactorily deliver justice.
The money that was invested in the beginning and then withdrawn is needed and the
administration of these courts needs to be looked into on more serious accounts when
they are established. In a country where 97 out of 100 acquittals are due to procedural
irregularities done mostly by the lower courts, it is extremely crucial to go into the
intricacies of a case when the case is tried for the first time, all parties should be heard
following proper procedures and all aspects of law to be secured. There is a dire need
to increase the number of judges as per required standards. Even the idea of fast track

Page | 21

courts was welcomed due to the fact that at least more number of judges would be
appointed.18
4) A MORE SPECIFIC LOOK AT THE RAPE CASES REPORTED
However as discussed in a few instances such as the Delhi gang rape case19 the fast
track court did exemplify a functioning of its kind. Rape cases generally take 3 years
for a judgment to turn out. In this case 112 witnesses were testified, this included also
the doctors who treated the girl in Mount Elizabeth Hospital Singapore. The evidence
ran through hundreds of pages.
This was one case that restructured people's faith in the judiciary and displayed its
strength and speedy justice dispensation. Six- Subsequent fast track courts were set up
to address issues for dealing with cases of sexual assaults.
Yet it is not clear whether these Fast track courts have addressed issues of justice as
determined for them to have. Expectations from the Fast track courts on sexual
assaults was to achieve better conviction rates and prevent the witnesses from turning
hostile over a period of time of long trial procedures. But the data state otherwise.
Just before the 6 fast track courts being set up there were 1400 rape cases in the
country awaiting a trial and by the time the fast track court cleared up a few of these
within 6 months 1400 more cases came up. The sustenance of these fast track courts,
remaining under the aegis of state funding, are questionable
The data which the prosecution of Delhi provided to The Wall Street Journal, these 6
fast track courts could only manage a 32% of conviction rate up till the June of 2013.
To be more specific these courts took up 299 trials unto their hands out of which only
95 resulted in conviction. It shall be interesting to notice that the regular courts of
Delhi which tried 547 cases in 2012, held out convictions in 204 out of them, which
amounts to 37% of conviction rate.20 Talking of the Capital's most famous Saket Fast
track court 3 out of 25 result in convictions. The Public Prosecutor of the court BS
Kain stated "courts are not here to provide for conviction but to make the cases reach
18
William Galo, 'EFFECTIVENESS OF INDIA'S FAST TRACK COURTS QUESTIONED', Retrieved from,
http://www.voanews.com/content/effectiveness_questioned_of_indias_fast_track_courts_seeking_justice_for_ra
pe_victims/1578020.html. Last seen on January 4, 2013.
19
State through Reference v. Ram Singh and Anr. IV (2014) CCR 174 (Del.).
20
Lhendup G. Bhutia, The Case against Fast Track courts, October 12, 2013,
http://www.openthemagazine.com/article/nation/the-case-against-fast-track-courts.

Page | 22

finality, most of the cases here that resulted in acquittal were once where the
witnesses turned hostile.
The courts in Tees-Hazari, Rohini, Saket and Kakardooma are often criticised as the
palliative measures taken by the government.
5) ISSUES TO DEAL WITH IN THE LARGER PICTURE IDENTIFIED
One can understand now, why the very basis of fast track justice questioned. It has
been stated in many instances by the media, the intellectuals and international
observer agencies such as UN that one of the eminent reasons for more cases of rape
occurring in India is the judicial system which due to its ill functioning and procedural
burden has caused the conviction rate in rape cases fall. One can also hold the Redtapism and Corruption responsible for the above dismal situation. Witnesses are often
subjected to the power influences of the accused, if the accused holds an important
position in the organisational structure of the society. One can also call into question
the ''witness protection system'' provided by the state and also credibility of a citizen
to realise his role in the process of justice.
There is a wrong notion with regards to the fact that the performance of judiciary can
only be determined through its given convictions, rather a responsible judiciary is one
which follows procedure and efficiently examines the available evidences and
witnesses. The main problem we face at the base is the investigation of police which
weakens the case of the prosecution and careful upkeep of the witnesses which is
generally absent. So the failure is just not on the part of the Judiciary but also the
Executive who do not adequately bring out every aspect related to the case due to
their faulty investigation.
6) IS THE ARTICLE 14 FOR OTHER CASES VIOLATED?
In the given scenario of shortage of Judges, if there is a choice made to fast track
some cases at the sexual assault cases, it is at a sacrifice of the speed of other variety
of cases. For instance the 6 fast track courts got there set of judges chosen from the
regular sessions court, leaving out of the rest few number of judges overburdened
with work. The cases of murder, theft, robbery and riots are equally important and
have kept several victims in expectations and prisoners languishing in jails awaiting
sentencing.
Page | 23

When the issue of corruption was raised by the Anna Hazare movement the
government took up the issue seriously and out of 86 sessions courts in Delhi, 26
were made anti-corruption courts, again backtracking the other cases that require
attention. So each time the Government has fast tracked cases that are have at its basis
an issue that the public is raged upon or media has highlighted, leaving the rest in
dearth.
The legal basis of selecting a case that is to be fast tracked only remains known to the
government, but as being evidently put up to the others, the basis is, if a case has been
under great scrutiny of masses the case is taken up in a fast track court.
There are several basis elucidated such as Fast track court for Domestic Violence,
The Dowry deaths and Terrorist acts etc. Yet there are several cases that are important
but have not attracted the need of being fast tracked- riots, murders, robbery, which
also have also affected the public or the society at large like other crimes.
7) FAITH ON FAST TRACK COURT
Here we shall discuss another case that was dealt in the Dwarka Fast track court. A
farmhouse guard was alleged to have raped and then murdered a 3 year old girl, here
the trial was completed in 10 days and the court awarded a death sentence to the
accused. Even though the conviction was not questionable, his trial is. It is extremely
surprising as to how in a rape case- both sides being heard, cross-examination of
witnesses, verification of evidences and other intricacies be sorted in Toto in a matter
of 10 days. This again raised doubts on the very installation of courts- To secure
rights of both the parties and justice shall seem to be done.
A large number of cases of the Fast Track on Appeal has been overturned by the
Higher Courts. The basic reason for this overturning is the lack of examination and
proper inquiry at the court's end .There instances of 7-8 day trials reported in
Rajasthan Fast track courts. The public celebrates these decisions in great gusto but
fails to realise how justice has been marred for the sake of speed and finality.
The judges are often suggested to increase the conviction rates in the due course of
being pressurised by the media and the people, and this as dangerous a suggestion as
it can get. A clear violation of "a person to be held guilty unless proven beyond
reasonable doubt"

Page | 24

A notion presently undermined is the fact that we follow the due process model where
in it is believed that ''a hundred guilty might be acquitted but not a single innocent
shall be punished". So there needs to be a greater degree of check on these courts with
regards to the fact that there is no irregularity and no 'fast track -injustice'.
8) BEST BAKERY CASE TRIAL ANALYSED
As it is the cases of riots post-independence have been adjudged with 90 % of
acquittal which is a shock in itself. In the best Bakery case tried in the fast track
court.21
The case was tried over a year and as in most cases, the main witness turned hostile.
The year gave adequate time to the workers of VHP-BJP to aid in influencing the
witnesses especially Zaheera Sheikh the prime witness to whose family the Best
Bakery belonged, obviously no security or protection was provided to these witnesses.
Zaheera stated in court that the alleged 21 persons were not the ones involved in the
killing. It was also seen that an MLA of BJP named Madhu Shrivastav had escorted
her home after the trial. Later in a press conference Sheikh accepted the fact that she
had received threat calls for her family to be killed and she was coerced to commit
perjury under "fear of life". There was utmost involvement of the government
agencies which ravaged path to justice.
The mother of Zaheera Sheikh who was also a witness turned hostile, later she too
confessed to have been under threat to lie. The witnesses were overturned from their
statement even before the trial begun.
The then Chairman of the National Commission on Human Rights is believed to have
said that the Best Bakery case with the acquittal of the 21 accused has amounted to a
grave "miscarriage of Justice" and advised the state government to appeal against it. A
team of the Commission paid a visit to the riot situation and met the witnesses to
examine them but hardly anybody turned out, they also asked the High Court and the
State Government to Cooperate but in vain.
21
Asghar Ali Engineer, Lessons of Best Bakery Case, Economic and Political Weekly, July 25, 2003, Vol.38
No. 29, pp. 3046-3047.

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Interestingly just before the Best Bakery occurrence the NHRC had asked the Police
in Gujarat to provide protection to the witnesses who were crucial to the trials but this
was not adhered to either by the Police or the Gujarat Government.
In this case neither the Police carried out proper Investigation nor did they frame
appropriate charges or take any amount of reasonable care to protect the witnesses.
Justice Mahida, who was in the Bench trying the case stated "Churchill was right in
saying that India now goes into the thugs" There was a clear discrimination when
comparing the culprits of the Godhra riots who were charged under POTA, whose bail
applications were vehemently refused and the culprits in post- Godhra riots who were
acquitted. The Police has been deeply influenced by the ruling government and on
deliberate knowledge have avoided a proper and efficient investigation.22
Legal Experts state that The Best Bakery Case is a classic example of "careless and
shoddy" police action in due course of investigation with a goal to allow the guilty go
scot free from the clutches of law.
9) DELVING INTO THE WITNESS PROTECTION PROGRAMME
One of the most infamous reasons why the trial of the Fast track courts is blamed is
the witnesses who are involved in the trial and withdraw their statements, causing the
court to difficulty in deciding the right way. The witnesses as we all know play a
major role in the decision making process and prior to that the inquiry followed by the
court but when this very base is dormant, it majorly results in hampering the judicial
judgment.
In Best Bakery Case, finally the Supreme Court Intervened and transferred the case to
Mumbai accompanied with hardened criticisms pointing an apprehensive finger onto
the Gujarat Judicial system, and also opening an avenue towards faith in the judgment
and procedures to be followed in the other cases of riots which are under trial. After
Zaheera Sheikh publicly declaring that she retracted her statement that she on an
earlier instance had given to NHRC, has brought up the whole issue of "protection to
witness" not only before or during the trial but for a legitimate time till he or she is
out of danger, especially in crucial political involvement and sensitive cases. Though
the task is tedious it is necessary at the earliest. The lack in effective economic
22
Supra Note 1.

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security and physical protection of both victims as well as witness leaves them
vulnerable to the influence and use of force by the parties interested in the decision.
The victims that are due to face the trial or undergo a trial have no other system to
rely on other than their self-survived family or religious networks and at times NGOs
which take steps to rebuild or rehabilitate their life whereas the state remains hostile
to making such provisions. The scenario today being many either facing the ravage of
fighting for justice as an outcast or suffer situations similar to their co-victims. Thus
one can state that the withdrawal of the victims or passiveness in a trial is also a cause
that the courts find justice a hard goal to be achieved.
There overall is a lack of Comprehensive Witness protection program in the present
judicial system of India, one of the issues that the Law Commission of India in its
paper submitted in August 2004 has suggested.23 Protection of a witness within the
premises of the court is rarely an issue during questioning, cross examination or
camera-trials, however if the case concerned is of situations as riots especially when
the state is not a neutral party, protection is all the more essential and difficult to be
ascertained.24
Why does a witness retract his/her statement? is a major issue to addressed and
resolved, because in many cases it becomes essential in deciding the case as many
truths can be unsheathed in the process of questioning and finding out the cause for
the retraction. Sometimes the families involved in the prosecution are victimised to
continual harassment that leads the witness to withdraw.
In a contrast to the issue we discussed above in The Best Bakery case the apex court
passed a landmark judgment not only credited for convicting the accused but also for
sentencing the famous witness Zaheera Sheikh to one year of imprisonment for
perjury in the fast track court.
23
Law Commission of India. (2005). One hundred eighty eighth report on proposals for constitution of hi-tech
fast-track commercial divisions in high courts. Delhi: Controller of Publications.
24
'Protecting The Witness', Economic and Political Weekly, Vol.39 No. 46/47, November 24,2004, p.4948.

Page | 27
CHAPTER III
1) THE BLEMISH OF THE FAST TRACK: FAIR TRIAL
a. Meaning and scope of Fair Trial

The liberal interpretation of this term can be basically understood as the proper and
fair opportunities to the accused to prove his innocence. Adducing evidence in
support of the defence in a valuable right, denial of that right means denial of fair
trial.25 The deduction of the meaning can be done from Article 21 of the Constitution
of India read with Sec. 243 of Criminal Procedure Code, 1973.26
A criminal trial is a judicial examination of evidence with the object of punishing the
offenders on a proper proof of relevant facts, the essential question being the guilt or
innocence of the accused. Hence, a criminal trial, which may result in depriving a
person of not only his personal liberty but also his life has to be unbiased in any
case.27 The sorry state of affairs in the Fast-track courts in India cant be neglected as
they are blamed for skipping the high held procedure of Fair criminal trials.
The concept of fair trial entails familiar triangulation of interests to the accused, the
victim and the society and it is the community that acts through the state and
prosecuting agencies.28 Interest of the society is not to be treated completely disdain
and as persona non grata. It has to be unmistakably understood that a trial which is
primarily aimed at ascertaining the truth has to be fair to all concerned. Not providing
speedy and fair trial to the accused and his family would also be like turning a
Nelsons eye to the society at large.29
b. Rights of the Accused

In India, it is seen that, Fast-track courts are specially established to dispose of the
cases pending in Criminal and Civil courts. While carrying this action of evicting the
backlog of cases quickly, the appalling misdemeanours by the courts of neglecting the
25
MALIK, SURENDRA, AND SUDEEP MALIK. SUPREME COURT ON CRIMINAL PROCEDURE CODE & CRIMINAL
TRIAL. Lucknow: Eastern Book Co, 2011.
26
Kalyani Baskar v. M.S. Sampoornam, (2007) 2 SCC 258.
27
Nahar Singh Yadav v. Union of India, (2011) 1 SCC 307.
28
KUMAR, N. (NAGENDRA), 1924- (1997). NATURAL JUSTICE: PRINCIPLE AND PRACTICE. Delhi, India: Kanuni
Salah Kendra.
29
Zahira Habibullah H. Sheikh v. State of Gujarat, (2004) 4 SCC 158.

Page | 28

Rights of the accused is something which has been brushed under the carpet since the
days of TADA.30
Fair trial is a fundamental essence of Criminal jurisprudence evolving out of
Constitutional Law i.e. particularly, Article 21 of the Constitution and rests on the
basic principle of presumption of innocence.31 International institutional instruments
such as the United Nations Convention on Human Rights, International Covenant on
Civil and Political Rights, Universal Declaration of Human Rights, European and
Canadian Charter of Rights and Freedoms have helped enumerating the principles and
the concept of rights of the accused. Additionally, an accused reserves several pretrial and post-trial rights as well that are guaranteed to the accused in the CrPC.32
Pre-trial right includes the right to have acquaintance of many things which include
the framed accusations, right to consult a lawyer and a fair opportunity to defend
himself.33
In the case of Khatri v State of Bihar34, it was held that an accused is entitled to free
legal services. Also, in the case of Hussainara Khatoon v State of Bihar35, it was held
that a speedy trial is an essential ingredient of fair trial procedure and it is the
constitutional obligation of the State to set up a procedure that would ensure the
same.36
In Zahira Habibullah Sheikh and ors v. State of Gujarat and ors, the Honble Supreme
Court of India observed that, each one has an inbuilt right to be dealt with fairly in a
criminal trial. Denial of a fair trial is as much injustice to the accused as it is to the
victim and to society. Fair trial obviously would mean a trial before an impartial
judge, a fair prosecutor and an atmosphere of judicial calm. Fair trial means a trial
in which bias or prejudice for or against the accused, the witness or the cause which
is being tried, is eliminated.37
30
SARMA, B. C. FAIR HEARING AND ACCESS TO JUSTICE. Kolkata: Eastern Law House. (2012).
Supre Note 28.
32
SINGH, P. K. HUMAN RIGHTS OF ACCUSED IN THE CRIMINAL PROCESS. Delhi: Swastik Publications. (2011).
33
Ibid.
34
Khatri v. State of Bihar, AIR 1981 SC 1068.
35
Hussnaira Khatoon v. State of Bihar, 1979 AIR 1369.
36
Ranjan Dwivedi v Central Board of Investigation, Writ Petition (Crl.) No. 200 OF 2011.
37
Supra Note 14.
31

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c. Presumption of innocence
It is a well-known fact that, there is always presumption of innocence in favour of the
accused in every criminal trial. The burden of proving the guilt of the accused is upon
the prosecution and unless it relieves itself of that burden, the courts cannot record a
finding of the guilt of the accused. This presumption is seen to flow from the Latin
legal principle eincumbit probatio qui dicit, non qui negat, that is, the burden of proof
rests on who asserts, not on who denies.
In State of U.P. v. Naresh and Ors38 the Supreme Court observed that, every accused
is presumed to be innocent unless his guilt is proved. The presumption of innocence is
a human right subject to the statutory exceptions. The said principle forms the basis of
criminal jurisprudence in India.
d. Independent & Impartial Judges

The basic principle of the right to a fair trial is that proceedings in any criminal case
are to be conducted by a competent, independent and impartial court. In a criminal
trial, as the state is the prosecuting party and the police is also an agency of the state,
it is important that the judiciary is unchained of all suspicion of executive influence
and control, direct or indirect.39
Fast track courts, as the reputation goes ignored the above two fundamental principles
of Natural Justice. There has been several allegations of misappropriating evidence
and falsification of the witnesses on the part of the state.40
e. The Governments Arsenal

The Government generally respected the rights of its citizens; however, serious
problems remained. Major problems included extrajudicial killings of persons in
custody, disappearances, and torture and rape by police and other security forces.
Investigations into individual abuses and legal punishment for perpetrators occurred,
but for the majority of abuses, the lack of accountability created an atmosphere of
impunity. Officials used special antiterrorism legislation to justify the excessive use of
force.
38
State of U.P. v. Naresh and ors, CRIMINAL APPEAL NO.674 of 2006

Shyam Singh v. State of Rajasthan, 1973 Cri LJ 441, 443, (Raj.)
40
Kumar, N. (1997). Natural justice: Principle and practice. Delhi, India: Kanuni Salah Kendra.
39

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Since 1993, central and state governments have jointly funded Fast Track Courts,
which concentrate on a specific type of case, allowing judges to develop expertise in a
given area. Preference was given to cases pending for extended periods, and fees were
generally lower since trials were shorter. Most Fast Track cases were civil.41
As in previous years, courts were regularly in session in Jammu and Kashmir.
Nevertheless, the judicial system was hindered because of judicial tolerance of abuses
committed as part of the Government's counterinsurgency campaign and the frequent
refusal by security forces to obey court orders. Due in part to intimidation by
insurgents and terrorists, courts in Jammu and Kashmir often were reluctant to hear
cases involving insurgent and terrorist crimes and failed to act expeditiously, if at all,
on habeas corpus cases.
2) EMERGENCE OF FAST TRACK COURTS IN INDIA: THE SPEEDY TRIAL
SYSTEM
a. Speedy Trial: Why we need it?

The philosophy of Right to Speedy trial has grown in age but its goals are yet
unforeseen. Right to Speedy Trail is a concept which deals with disposal of cases as
soon as possible so as to make the Judiciary more efficient and trustworthy. The main
aim of Right to Speedy trial is to inculcate Justice in the society. 42 It is the human life
that necessitates human rights. Being in a civilized society organized with law and a
system as such, it is essential to ensure for every citizen a reasonably dignified life.43
Thus every right is a human right as that helps a human to live like a human being.
The very basic purpose for which every state machinery sets up the court system is to
award justice to the victims of crimes. The constitution of India imposes heavy duty
on the judicial system for providing legal mechanism to deal with problem relating to
imparting justice.44
The setting up an independent judicial system, inclusion of fundamental rights and
directive principles of state polices further shows the commitment of our constitution
41
Singh, J. (1997). Right to speedy justice for undertrial prisoners. New Delhi: Deep & Deep Publications.
Hussainara Khatoon v. State of Bihar, 1979 AIR 1360, 1980 SCC (1) 81.
43
Katar Singh v. State of Punjab, 1994 SCC 3 569, JT 1994 (2) 423, 1994 SCALE 1.
44
State of Maharashtra v Dr.Praful.B.Desai 2003 (3) SCALE 554.
42

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makers in making the judicial system an effective organ of state machinery on which
people can rely with trust and hope of justice.
b. Evolution of the system

The right to a speedy trial is first mentioned in that landmark document of English
law, the Magna Carta. Article 21 declares that no person shall be deprived of his life
or personal liberty except according to the procedure laid by law.45
Justice Krishna Iyer while dealing with the bail petition in Babu Singh v. State of
UP46, remarked, "Our justice system even in grave cases, suffers from slow motion
syndrome which is lethal to 'fair trial' whatever the ultimate decision. Speedy justice
is a component of social justice since the community, as a whole, is concerned in the
criminal being condignly and finally punished within a reasonable time and the
innocent being absolved from the inordinate ordeal of criminal proceedings." Right to
speedy trial is a concept gaining recognition and importance day by day.47
The right to a speedy trial is an ancient liberty. It is important to remember that during
the reign of Henry II (11541189), the English Crown promulgated the Assize of
Clarendon, a legal code comprised of 22 articles, one of which promised speedy
justice to all litigants.48 The Magna Charta, in 1215, prohibited the king from delaying
justice to any person in the realm. Several of the charters of the American colonies
protected the right to a speedy trial, as did most of the constitutions of the original 13
states. Ultimately, In U.S. in 1974, Congress enacted the Speedy Trial Act.49
Speedy trial is a fundamental right implicit in the guarantee of life and personal
liberty enshrined in Article 21 of the Constitution and any accused who is denied this
right of speedy trial is entitled to approach Supreme Court under Article 32 for the
purpose of enforcing such right and this Court in discharge of its constitutional
obligation has the power to give necessary directions to the State Governments and
other appropriate authorities for securing this right to the accused.50
45
Abdul Rahman Antulay v. R.S. Nayak, 1988 AIR 1531, 1988 SCR Supl. 1
Babu Singh v. State of UP, 1978 AIR 527
47
M/S SIL Import, USA v M/S Exim Aides Silk Exporters AIR 1999 SC 1609
48
GEORGE EYRE AND ANDREW STRAHAN Great Britain.. AN ACT FOR THE MORE SPEEDY TRIAL. London: (1806)
Printed.
49
Speedy Trial Act, 18 U.S.C.A. 3161 et seq.
50
Babu Singh v. State of UP, 1978 AIR 527, 1978 SCC (1) 579.
46

Page | 32

Yet, In India, nevertheless increasing numbers of accused were jumping bail while
free during extended pre-trial release, there is no such Act in India, however, the
Honble Supreme Court held that right to speedy trial is neither a fact nor fiction but a
Constitutional reality.
c. The sluggish Indian Judicial system

It is a crying shame upon our adjudicatory system which keeps men in jail for years
on end without a trial. No one shall be allowed to be confined in jail for more than a
reasonable period of time, which we think cannot and should not exceed one year for
a session trial. We fail to understand why our justice system has become so
dehumanised that lawyers and judges do not feel a sense of revolt at caging people in
jail for years without trial.51
In Abdul Rehman Antulay vs R.S. Nayak, it was observed that Right to speedy trial is
not enumerated as one of the fundamental rights in the Constitution of India, unlike
the Sixth
Amendment to the U.S. Constitution which expressly recognises this right The Sixth
Amendment declares inter alia that in all criminal prosecutions the accused shall
enjoy the right to a speedy and public trial. This is in addition to the Fifth
Amendment which inter alia declares that no person shall.be deprived of life,
which corresponds broadly to Article 21.
3) IMPORTANCE OF SPEEDY JUSTICE

Although the importance of speedy disposal of cases was recognised as early as in the
year 1958 by the Law Commission of India in its 14th Report, in India, neither the
Constitution nor any existing laws or statutes specifically confer the right to speedy
trial on the accused.52 The Law Commission of India observed that in an organized
society, it is in the interest of the citizens as well as the state that the disputes which
go to the law courts for adjudication should be decided within a reasonable time, so as
to give certainty and definiteness to rights and obligations. If the course of trial is
51
KadraPehadiya vs. State of Bihar,1981 Cr.L.J. 481

Majumdar, Nur Md. Abdullah Ahmed, and Ahsan Rashid. Right to Speedy Trial: Indian Judiciary and Justice
Delivery System. 2015.
52

Page | 33

inordinately long, the chances of miscarriage of justice and the expenses of litigation
increase alike.53
The problem is much more acute in criminal cases, as compared to civil cases. Speedy
trial of a criminal case considered to be an essential future of right of a fair trial has
remained a distant reality. A procedure which does not provide trial and disposal
within a reasonable period cannot be said, to be just, fair and reasonable. If the
accused is acquitted after such long delay one can imagine the unnecessary suffering
he was subjected to. Delay results in witnesses being unable to testify correctly to
events which may have faded in their memory and sometimes in their being won over
by the opponent.54
Relief granted to an aggrieved party after a lapse of years loses much of its value and
sometimes becomes totally infructuous. Ansuyaben Kantilal Bhatt v. Rashiklal
Manilal Shah55 is an exemplary case of as to how delay is defeating the cause of
justice.
While the Constitution does have certain provisions regarding need for speedy justice,
there is no specific provision confirming justice as either a fundamental right or
constitutional right.56
Here, the Fast-track courts have emerged as the harbinger of providing the much
needed relief to slow Indian judiciary and have helped in reducing the number of
pending cases to some extent.57
53
Law Commission of India, 14th Report, 1958, Vol. 1, p. 129.

Great Britain. Justice at the Right Price: A Consultation Paper on a Costs Regime for the Fast Track.
[London]: [Lord Chancellors Department], 1998.
55
Ansuyaben Kantilal Bhatt v. Rashiklal Manilal Shah, (1997) 5 SCC 457.
56
Governance Knowledge Centre, Right to Justice soon to be a Fundamental Right, Retrieved from,
http://indiagovernance.gov.in/news.php?id=526, last seen on 20.3.2015.
57
Supra Note 52.
54

Page | 34
VI
CONCLUSION
Thus on close scrutiny when one reads the cases and analyses the criticisms it can
clearly be reflected that the trial by the courts and the inherent procedural
irregularities are only side of the coin the other side is even darker and that is of
'Investigation' where there are serious glitches by the Police. The investigative agency
has a great and one of the most important roles to play in the procedure of justice. The
trial that commences is solely based on the investigation that the prosecution brings to
the forefront which if flawed leads to falling apart of a sound and smooth trial. There
needs to be a timely and sufficient basis provided by the police and prosecution to
bring the whole picture of a case to a court and make the judge completely aware of
the facts and the course taken to ascertain the facts. This forms the basis of an inquiry
that a court conducts hence and then decides upon it.
The other issue which is surfaced is the witnesses turning hostile which again raises
an iota of doubt on the police agencies which have been ineffective providing
protection to the accused. Also the disappointing involvement of the government in
such cases is a big hurdle for the trial to be effectively conducted.
All this brings us to a conclusion that the blaming the court for its merits of holding a
trial does not mean we have caught hold the root of the problem rather its only an
aspect of the many causes. The Investigation, the witness and his or her protection and
the government presence also hold a major role. The story is as if the foundation has
been demolished how a building stand can, similarly if the investigation and the
elements crucial to trial have been swept away how can the trial of the court reach a
sound judgement and secure justice, as is desired of it.
While, there are many cons of the Fast-track court systems which we have discussed
in this paper in a case before the Apex Court, the Supreme Court bench, consisting of
the Chief Justice of India (CJI) Justice A.S. Anand, Justice R.C. Lahoti and Justice
Doraiswamy Raju, while hearing a case on legitimacy of Fast-track courts at district
levels and on the status of undertrials in various States, regretted that the scheme of
fast track courts, despite its crucial nature, was not brought to the notice of the CJI
before the government made an announcement in that regard. The Judges observed
that the funds released to the State governments to set up fast track courts should have
Page | 35

been placed at the disposal of the Chief Justices of the High Courts, for proper
utilisation. "If you are going to build buildings, and then select Judges, the fast track
courts would become absolutely slow track," the Bench said.
The Bench observed that if the identification of the cases that the fast track courts
should try and the areas they should cover was left to the discretion of the Chief
Justices of the High Courts concerned the scheme would have worked better. The
Bench also wondered how retired District Judges could be recruited as presiding
officers and under whose jurisdiction they would be. Its critical observations have led
to dismay, as Law Ministry sources claimed that the draft of the scheme had been sent
to all States and the Chief Justices of all High Courts and it was introduced only after
effective consultation with the judiciary at every level. These sources also claimed
that only the Chief Justices of the High Courts would select Judges for appointment in
fast track courts.
Although the scheme envisages that its functional aspect be left to the judiciary, it
appears that the judiciary is not yet prepared to own responsibility for the scheme's
success. Justice Anand observed: "It is very easy to pass the buck. The government
first creates a mess and then requests the judiciary to clean it up.
There are genuine fears that litigants wielding influence at the district level could
make use of the scheme in their favour to press for the expeditious disposal of cases
they are interested in, which sometimes would result in the miscarriage of justice. The
scheme leaves no scope for infusing fresh and young judicial talent, which is available
in plenty. It is pointed out that the scheme proposes to appoint the very same retired
Judges who had contributed to the creation of the huge backlog of cases.
There is no bar even under the present system to expedite the hearing of urgent cases
by evolving formal court procedures rather than leaving it to chance. In the existing
process decisions on applications for early hearing are routinely disposed of without
considering the implications of any delay for poor litigants.
It is highly probable that in the absence of a rational and sensible procedure to
facilitate the expeditious disposal of cases, the fast track courts would make no
difference to the huge backlog of cases.

Page | 36

It was felt that the scheme of fast track courts would require a much smaller amount
but help clear the backlog to a substantial extent by the end of 2004-05. Whether the
scheme would really help address the larger issue of curtailing judicial delay in a big
way is, however, a moot point.

Page | 37
VII
BIBLIOGRAPHY
JOURNALS
All India Reporter
Supreme Court Cases
Supreme Court Reporter
All England Reporter
JStor
Heinonline
Social Science Research Network
ONLINE SOURCES
1) www.manupatrafast.in
2) www.indiacode.nic.in
3) www.supremecourtofindia.nic.in

Page | 38

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NATIONAL LAW UNIVERSITY ODISHA

4TH SEMESTER, CRIMINAL PROCEDURE PROJECT

FAST-TRACK COURTS IN INDIA

FAST-TRACK COURTS IN INDIA

TABLE OF CONTENTS ................................................................................................ 2

TABLE OF AUTHORITIES .......................................................................................... 4

RESEARCH QUESTIONS ................................................................................................. 10

FAST TRACK COURTS IN INDIA: AN ELUCIDATION ...................................... 11

JUDGEMENT IN RELATION TO FAST TRACK COURT ....................................................... 11

CURRENT STATUS OF FAST TRACK COURTS IN STATES ................................................. 13

ANALYSES OF FAST TRACK COURT ............................................................................... 16

SUCCESSES AND FAILURES OF FAST TRACK COURTS ................................... 18

WHICH CASES ARE TRIED IN THE FAST TRACK COURTS? ............................ 18

THE SUSPICIONS RAISED ON THEM .................................................................. 18

SOME NOTABLE CASES IDENTIFIED:.................................................................. 19

In the Best bakery case: ........................................................................................... 19

In the Jessica Lal case ............................................................................................. 19

AFFECTING THE PROCESS OF NATURAL JUSTICE:.......................................... 20

A MORE SPECIFIC LOOK AT THE RAPE CASES REPORTED ............................ 22

ISSUES TO DEAL WITH IN THE LARGER PICTURE IDENTIFIED..................... 23

IS THE ARTICLE 14 FOR OTHER CASES VIOLATED? ........................................ 23

FAITH ON FAST TRACK COURT ............................................................................ 24

BEST BAKERY CASE TRIAL ANALYSED............................................................. 25

DELVING INTO THE WITNESS PROTECTION PROGRAMME .......................... 26

THE BLEMISH OF THE FAST TRACK: FAIR TRIAL ........................................................... 28

Meaning and scope of Fair Trial ............................................................................. 28

Rights of the Accused ............................................................................................... 28

Presumption of innocence ........................................................................................ 30

Independent & Impartial Judges ............................................................................. 30

FAST-TRACK COURTS IN INDIA

The Governments Arsenal ...................................................................................... 30

Speedy Trial: Why we need it?................................................................................. 31

Evolution of the system ............................................................................................ 32

The sluggish Indian Judicial system ........................................................................ 33