First fast track court inaugurated

By Our Special Correspondent

HYDERABAD, APRIL 1. The country's first fast track court, aimed at substantially bringing down the pendency of cases, was inaugurated by Mr. B.N. Kirpal, Judge of the Supreme Court, in the City Civil Court premises here on Sunday.

Being established on the recommendations of the Eleventh Finance Commission, each fast track court is expected to dispose of 14 sessions cases a month. In all, 86 such courts have been sanctioned for Andhra Pradesh. Of them, 46 are being grounded during the month.

In his inaugural address, Mr. Justice Kirpal said the establishment of fast track courts was public acknowledgement of the fact that justice delivery system could not deliver justice at a pace at which it should.

The Judge attributed the long pendency of cases to antiquity of our laws. The courts were supposed to function in the role model of the Evidence Act and Criminal Procedure Code of 19th century and the Civil Procedure Code of 1905.

"We are still in the bullock cart age as far as court procedures are concerned", he said adding that Information Technology, which wiped off distances, bypassed judiciary.

"Why can't we accept testimony recorded on video? Why should witnesses be made to go round the courts, travelling long distances?", he asked. He called for innovative practices, bringing IT into play. Pleadings are filed on e.mail all over the world.

He said in Andhra Pradesh alone about 8.5 lakh cases were pending, which meant that at least 17 lakh persons were directly affected and if the family members were taken into account, the litigation had affected 85 lakh people.

The Judge called for changing the laws which were 150 years old. The ball is in the court of the Legislatures. Most of the civil litigations could be disposed of through the alternative dispute resolution (ADR) route. The jury system, effective in the U.S., could be adopted. Litigation must be taken out of court. Filling up vacancies of judicial officers was not the ultimate solution. "Let the people get justice or an honest decision in a short time".

The Chief Minister, Mr. N. Chandrababu Naidu, admitted that the Government was the biggest litigant in the court, adding that good governance was possible only if the litigation was reduced through new concepts. He offered the Government's cooperation in providing adequate accommodation for the new fast track courts.

Mr. Naidu said Andhra Pradesh, with about 8.44 lakh cases pending in the district and subordinate courts, would have 86 fast track courts at a cost of Rs.25 crores. The State Government had come forward to provide additional public prosecutors and Government pleaders required at a probable cost of Rs.3.5 crores.

Mr. Satyabrata Sinha, Chief Justice of the High Court, said a large number of judicial officers were required to reduce the pendency of cases. The rate of conviction in ordinary cases was not even 6 to 7 per cent. Against 50 judicial officers required for one million population, there were only about 12 to 13 in India. In the U.S., there were 137 judicial officers for one million population and in the United Kingdom, the availability is 107 judicial officers. The Union Government had sanctioned Rs.500 crores for a period of five years for the fast track courts, he said.

Mr. B. Subhashan Reddy, Executive Chairman of the A.P. State Legal Services Authority, said retired judicial officers on contract basis were being appointed for the fast track courts. There were only 800 judicial officers in the State for 8.5 lakh cases. He also requested the Government to provide buildings for these courts.

Mr. D. Subramaniam, Chief Judge of the City Civil Courts, welcomed the gathering. Mr. G. Arun, president of the Bar Association of the City Civil Court, proposed a vote of thanks.

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