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2003 DIGILAW 1387 (SC)

Brij Mohan Lal v. Union of India

2003-11-03

A.R.LAKSHMANAN, S.B.SINHA, V.N.KHARE

body2003
ORDER : UPON hearing counsel the Court made the following: 1. Mr. P S Narasimha, learned Amicus Curiae has furnished Status Report as regards establishment of Fast Track Courts and appointments therein in all the States of the country. 2. The Status Report indicates that the States of Maharashtra, Chhatisgarh, Mizoram, Meghalaya, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh, Uttaranchal and Assam have fully complied with the directions and all the appointments have been made. 3. The States of Arunachal Pradesh, Manipur, Nagaland, Jharkhand and Kerala have substantially complied with the orders. 4. We find that the States of Andhra Pradesh, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Madhya Pradesh, Orissa, Punjab and West Bengal have not complied with the orders. In fact, this shows inaction on the part of these States. Even after the fund has been made available, neither the Fast Track Courts have been created nor the appointments thereof have been made. However, seeing the public interest, we permit these States to strictly comply with the direction regarding making appointments on the remaining Fast Track Courts by 31st December, 2003. In case of default, we may consider asking these States to refund the fund received by them from the Central Government. 5. So far as the State of Jammu & Kashmir is concerned, the State and the High Court are granted four weeks' time to file the affidavit as to how much grant received for the Fast Track Courts has been used for creating the posts of Munisifs and making appointments thereon. 6. We may also like to observe that those High Courts which have not made recommendations, they may make recommendations for appointments to the Fast Track Court posts before the said date. 7. Learned Solicitor General would also take instructions as regards continuance of the Fast Track Courts Scheme. 8. List these matters after 31st December, 2003.