Wednesday 24 April 2013

Free Essays for Competitive Exams-Measures for the Speedy Trial of Pending Cases


Measures for the Speedy Trial of Pending Cases
-       Backgrounder: Law & Justice 

Government has approved making available up to Rs. 80 crore per annum on a matching basis up to 31/3/2015 from out of the amount allocated (Rs. 500 crore per annum) for morning/evening/shift courts in the 13th Finance Commission Award for judiciary, for meeting the expenditure on 10% additional positions of judges to be created in the State Judicial Services in pursuance of the judgement of the Supreme Court in Brij Mohan Lal case. 

Government has written to the Chief Ministers of all States and Chief Justices of all High Courts to set up Fast Track Courts for concluding trial in rape cases. The States have been requested to utilize the additional positions of Judges being created in the Subordinate Judiciary in pursuance of the directions of the Supreme Court in Brij Mohan Lal case, to be funded on a matching basis by the Central and the State Governments, for this purpose. 

In respect of vacancies in High Courts, Government has periodically been writing to the Chief Justices of the High Courts to send proposals timely for filling the vacancies. Government has written to Chief Justices of the High Courts to invite the attention of the district judges, inter-alia, to the provisions in section 309 of the Code of Criminal Procedure so that court proceedings are held on a day to day basis until all witnesses in attendance, have been examined and the adjournments are minimized. 

In order to reduce pendency of cases in courts, Advisory Council of the National Mission for Justice Delivery and Legal Reforms has resolved that the overall number of judges/ courts in subordinate judiciary may be increased to double the present number over a period of five (05) years with matching support from the Central and the State Governments. A comprehensive scheme of National Court Management Systems (NCMS) has been formulated and notified by the Supreme Court under which a National Framework of Court Excellence (NFCE) has been prepared, which shall set measurable standards of performance of courts addressing the issues of quality, responsiveness and timeliness. Based on the recommendation of the Advisory Committee of NCMS, the Chief Justice of India has written to the Chief Justices of High Courts for doubling the number of Courts in subordinate Judiciary. He has urged the Chief Justices to take it up with the State Governments for providing the requisite funds as well as funds for infrastructure and staff
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