The Supreme Court on Friday confronted the Centre over its decision to fast-track trials against MPs and MlAs while turning a blind eye to the plight of criminal justice system in the country where trials involving other sections of the society remain pending for decades
together. Giving the Centre four weeks’ time to evolve a comprehensive policy to fast-track criminal trials, the bench headed by Chief Justice RM lodha said, “Fast-tracking is a must in several categories such as women, children, senior citizens, non-citizens. It cannot happen in piece meal. You need a comprehensive plan.”
The Court was hearing a petition filed by a lawyer Bhim Singh, who sought release of Pakistani prisoners lodged in Indian jails for years without trial and in some cases even beyond the period of sentence. Despite the order of the Court on November 10, 2008 directing the trial in their cases to be completed within one year, five years and nine months later, the trial was not yet complete.
Addressing the problem to Attorney General Mukul Rohatgi, the bench, which also comprised of Justices Kurian Joseph and Rohington Nariman said, “We want to know if the Centre is contemplating fast tracking criminal trials and if so, whether any policy has been framed and steps taken in this regard.”
The Court then turned its attention to the latest decision of the Centre to fast track cases against MPs and MlAs. “If one category is fast tracked another category suffers,” said the bench, adding, “Criminal justice system is not moving at a pace we would like it to move.”Fast tracking of cases would require creation of additional courts. Without this, “it creates more burden on cases left out from fast-track”.Seeking the help of Rohatgi to convince the Centre to create more courts, the bench said, “For good governance it is necessary courts are strengthened and criminal justice is fast-tracked.”
The Court posted the matter for September 5 and asked the Centre to take positive steps in taking states into confidence as the task is to be finally achieved at the State level with funds provided by the Centre.