ORDER : S.B. Sinha, J. It is stated by the learned Additional Solicitor General that the Union of India has taken a policy decision that Fast Track Courts would continue. We were further informed by the learned Additional Solicitor General that the Report of the Twelfth Finance Commission is pending acceptance before the Hon'ble the President of India. 2. It has further been brought to our notice that some States have not fully complied with the directions of this Court dated 1-11-2004'. 3. Learned counsel appearing for the State of Andhra Pradesh states that an affidavit indicating the status report shall be filed by tomorrow. Let a copy of the said status report be handed over to the learned amicus curiae. 4. So far as the State of Bihar is concerned it has been stated across the Bar that now courtrooms are available and subject to the recommendations of the names of the Presiding Officers therefor by the High Court, all the posts can be filled up. It is stated that steps have already been taken in this behalf. We hope and trust that all the vacant posts shall be filled up within a period of four weeks from date. 5. It is stated by learned counsel appearing for the State of Gujarat that five vacant courts shall be filled up within a period of two months. It is recorded accordingly. 6. So far as the States of Haryana and Punjab are concerned, it is accepted that in the State of Haryana, out of 36 Fast Track Courts allotted to the State of Haryana, 16 are vacant; whereas out of 34 Fast Track Courts allotted to the State of Punjab, 18 are vacant. On behalf of the High Court and the States, it is stated that the remaining vacant Courts are not required to be filled up keeping in view the pendency of the criminal cases. Accepting the above statement, it is directed that the said two States as well as the High Court of Punjab and Haryana need not take further steps for the time being to fill up the Courts.
Accepting the above statement, it is directed that the said two States as well as the High Court of Punjab and Haryana need not take further steps for the time being to fill up the Courts. However, it is made clear that if in future, on account of increase in cases, it is decided to fill up the abovementioned remaining vacant Courts, it will be open to both the States and the High Court to review the aforestated decision and take appropriate steps by approaching the Union of India in that behalf. Accordingly, we also direct the High Court as well as both the States to review their decision on this aspect periodically. 7. So far as the State of Jammu and Kashmir is concerned the learned Advocate General states that he is not aware as to whether the notification issued for creation of Fast Track Courts of Judicial Magistrates has been withdrawn or not. If the same has not been withdrawn, the State of Jammu and Kashmir and the High Court of Jammu and Kashmir are directed to take immediate action accordingly. The State of Jammu and Kashmir is further directed to see that requisite number of Fast Track Courts for conducting sessions trials in terms of the original Scheme framed by the Finance Commission be complied with at an early date and not later than two months from date. 8. All the States are hereby further directed to file affidavits showing present pendency of the criminal cases so as to enable this Court to pass further orders. 9. Let this matter appear six weeks hence.