HC order against fast track courts stayed

By Our Legal Correspondent

NEW DELHI, MAY 2. The Supreme Court today, through its interim direction, stayed an interim order of the Andhra Pradesh High Court which suspended the constitution of the `fast track courts' in the state and the appointment of judicial officers to these courts.

The Bench comprising Mr. Justice B. N. Kirpal and Mrs. Justice Rumapal made this order on a special leave petition (SLP) from the Union of India.

Earlier, `mentioning' this matter, Mr. Soli J. Sorabjee, Attorney General (AG) submitted that while the Government was constituting the `fast track courts' to expedite the disposal of long pending cases, the HC had made the interim order in question.

The HC in its order on April 27 observed that `prima facie', it (HC) was of the considered opinion that the constitution of the `fast track courts', pursuant to a scheme framed and announced by the fiance commission and the appointment of judicial officer to man these fast track courts suffered from serious legal and constitutional infirmities.

``Any continuation or further functioning of these courts in our considered opinion, may result in far-reaching and disastrous consequences; it may create an irreversible situation,'' the HC also said in its order.

The AG urged that the HC did not even elaborate as to how the continuance of `fast track courts' would have an adverse impact on the situation - which was already having heavy backlog of cases waiting for disposal.

The SLP had, among other pleas, contended that the HC had committed an `error of law' by virtually allowing a writ petition by passing an `ex-parte order' on a mere prima facie view of the legality of establishment of fast track courts without specifying the ground.

A question raised in the SLP was whether the HC was right in granting a blanket order of interim suspension (of operation of `fast track courts' in the state) which could be against public interest and a major setback to the process of expeditious disposal of cases. The AG said that till date 488 `fast track courts' had been established and the government had allotted already Rs.78 crores for the purpose.

About 44 `fast track courts' were set-up in AP and that it was in respect of the constitution of these `fast track courts' and the appointment of judicial officers to these courts, the state HC passed the interim order which was challenged in the SLP.

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Section  : Southern States
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