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....infrastructure for the Fast Track Courts is to be provided by the State Government and the selection of the Judges is to be made by the High Court. The scheme includes construction of new court rooms, appointment of ad hoc judges, Public Prosecutors and supporting staff and arrangement for quick processors. It would be appropriate to have, our in-service Judicial Officers to be appointed in these Courts, after giving them promotions on purely temporary ad hoc basis initially for two years, extendable by another two years or till they are promoted on regular basis. These appointments shall be made as far as possible in Fast Track Courts. Their future regular promotion shall depend on their performance in these Courts. Those Officers who are not found fit to travel on fast track, shall be off-loaded and sent back to their regular cadre. It is a joint venture of the Central Government, State Government and the High Court to tackle the problem on war footing. It is needless to say that realization of real justice needs co- operation of all the three wings of the Government with one single aim to reach out justice to individuals and thus, maintain rule of law. Interaction between the three wings of the Government is necessary to improve the justice delivery system and such co-operation should be seen in day-to-day dispensation of justice. Sessions trials in several Courts in the country are held up because of unwanted adjournments on just asking either by the defence counsel or Public Prosecutor, not examining the witnesses within the scheduled time and the non-co- operation of the prosecuting agency. There is a general complaint that the Police has no sufficient time or force, to serve in time the summons on the witnesses and keep the undertrial prisoners present in the Court, at the time of trial. There are instances coming to light that the offenders are sentenced but sentences imposed, are not executed because the convicts had already jumped bail and the police has no will and time to search them out.

We require modernization and computerization of our criminal justice system. In many States courts are functioning from rented places. The building which was constructed for the purpose of residence is being used to house courts. There should be sufficient sitting arrangement for the witnesses or the clients. There should be suitable building for the proper functioning of the courts. The prosecuting agency should be given sufficient facilities for the court to conduct the cases. The accused and the witnesses should have resting rooms if the trial has become lengthy. All this could be provided only if there are courts with modern facilities. The States should gradually improve the infrastructure and there must be sufficient budgetary allocation in each year. Now the courts are provided only with budgetary allocation for the payment of salaries of staff members of the courts and for day- to-day expenses for running the courts. This situation could be changed, if sufficient funds are allocated every year for starting new courts and also to improve the conditions of the existing courts. The starting of Fast Track Courts have helped to a great extent in disposing of the pending Sessions cases and that, by itself, has proved that it is because of lack of large number of courts that the pendency of criminal cases is on the rise."27

4.3 The speedy trail is guaranteed under Article 21 of the Constitution of India. Any delay in expeditious disposal of criminal trial infringes the right to life and liberty guaranteed under Article 21 of the Constitution of India. The debate on judicial arrears has thrown up number of ideas on how the judiciary can set its own house in order. Alarmed by the inordinate delay in disposal of the backlog of cases, it has been decided to introduce Fast Track Courts. Thus, Fast Track Courts are to tackle the cases of undertrials first, as the graph of such persons in jail has gone high. It is high time to restore the confidence of people in this country in judiciary by providing speedy justice.44 4.4 Fair trial obviously would mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice for or against the accused, the witnesses or the cause which is being tried is eliminated. Failure to accord fair hearing either to the AIR 1990 SC 1266.

AIR 1992 SC 1701.

(2002) 4 SCC 578.

Supra note 26, p. 245.

accused or the prosecution violates even minimum standards of due process of law.45

5. FAST TRACK COURTS 5.1 The Eleventh Finance Commission recommended a scheme for creation of 1734 Fast Track Courts in the country for disposal of long pending Sessions and other cases. The Ministry of Finance, Government of India sanctioned an amount of Rs. 502.90 crores as "special problem and up- gradation grant" for judicial administration. The scheme was for a period of 5 years. Out of 18.46 lakh cases transferred to them, 10.66 lakh cases were disposed of by these courts at the end of the said scheme on 31.03.2005. Keeping in view the performance of Fast Track Courts and contribution made by them towards clearing the backlog, the scheme has been extended till 31.03.2010 with a provision of Rs. 509 crores as 100 percent central assistance.46 5.2 In his address47 at a Joint Conference of Chief Ministers and Chief Justices, at Vigyan Bhawan, New Delhi on 08.04.2007, Hon'ble Mr. Justice K. G. Balakrishnan, CJI, expressed the view that these courts have been quite successful in reducing the arrears. Most of the criminal cases in subordinate courts are pending at the level of Magistrates. Keeping in view the performance of Fast Track Courts of Session Judges, the Government of Zahira Habibulla H. Sheikh v. State of Gujarat (2004) 4 SCC 158 (Best Bakery case).