TMI Blog2005 (3) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... e judiciary. In that regard, ₹ 502.90 crores was allocated. The allocations recommended by the XIth Finance Commission covered the period 2000-01 to 2004-05. By affidavit dated 8th July, 2004 filed on behalf of Union of India, this Court was informed that the matter of continuation of the above Scheme beyond five years has been taken up with XIIth Finance Commission. By the said affidavit, this Court was further informed that the Law Ministry had written a letter on 17.4.2003 to the Chairperson of the XIIth Finance Commission to favourably consider the proposals for the upgradation of judicial infrastructure including continuation of Fast Track Courts Scheme and also for creation of another 1500 Fast Track Courts of Magistrates for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can deny its obligation to set up such number of courts as are necessary for fulfilling its constitutional obligation on the ground of financial constraints or otherwise. In this connection, it is relevant to note that in terms of the Annual Report of the Ministry of Law for the year 2003-04, the total number of pending cases runs into the figure of 2.27 crores (approximately). Further, in the year 2000, the XIth Finance Commission had allocated ₹ 502.90 crores under Article 275 of the Constitution to set up 1734 courts. The allocation stipulated time bound utilization. Suffice it to state at this stage that the funds have been utilized effectively. We have examined the statistics and the status reports submitted by the States whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all of a sudden. Judges have been appointed at Fast Track Courts from three sources, viz., by way of promotion, direct appointment from advocates and retired District Judges. If the entire Scheme has to be disbanded now, a chaos will be created inasmuch as not only services of several officers who had been promoted on an adhoc basis will have to be reverted to their substantive post. Similarly, if corresponding promotion had been given to others, it will be necessary also to pass orders of reversion in such cases. Thousands of cases are pending adjudication before Fast Track Courts and some of them might have been heard in part. Witnesses in many cases might have been summoned. The State Governments have also appointed Special Public Prose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Track Courts Scheme (including the salary payable to the Judges and other staff) shall continue as in the past in accordance with the terms and conditions of the said Scheme. This order shall, however, be subject to any other or further orders which may be passed and subject to orders for adjustment of necessary fund by and between the Union of India and the concerned States. In the meantime, we would also like to know from Union of India the current monthly expenditure/costs State-wise in respect of the administration of the Scheme as we are informed that the establishment costs now stands considerably reduced, particularly on and from 1.4.2005. We would also like to know simultaneously from the respective States and respective High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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