BRIJ MOHAN LAL versus UNION OF INDIA AND ORS.

BRIJ MOHAN LAL versus UNION OF INDIA AND ORS.

Speedy justice is a constitutional obligation of the State under Article 21. The Fast Track Courts Scheme, having been operationalised, should not be discontinued abruptly, and the States cannot abdicate their responsibility due to financial constraints. The Union and States should treat the administration and funding of Fast Track Courts as a joint venture.

Parties
Petitioner: Brij Mohan Lal; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
31 March 2005
Procedural Posture
Transferred Case (civil) No. 22 of 2001 / Interim Order
Outcome
Interim directions issued pending final disposal of writ petition; Scheme to continue for one month.
Legal Topics
Fast Track Courts Scheme, Speedy Justice, Allocation of Funds for Judiciary, Joint Venture Between Union and States
Constitutional Law Administration of Justice Fast Track Courts Scheme Speedy Justice Allocation of Funds for Judiciary Joint Venture Between Union and States

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Parties

Brij Mohan Lal

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Transferred Case (civil) No. 22 of 2001 / Interim Order

Legal Issues

  1. 1 Whether the Fast Track Courts Scheme should continue beyond 31.3.2005
  2. 2 Whether the State can deny its obligation to provide speedy justice due to financial constraints

Ratio Decidendi

Speedy justice is a constitutional obligation of the State under Article 21. The Fast Track Courts Scheme, having been operationalised, should not be discontinued abruptly, and the States cannot abdicate their responsibility due to financial constraints. The Union and States should treat the administration and funding of Fast Track Courts as a joint venture.

Court Disposition

Interim directions issued pending final disposal of writ petition; Scheme to continue for one month.

Orders

  • Union of India directed to continue the Fast Track Courts Scheme for one month pending hearing and disposal of Writ Petition (C) No. 140 of 2005 and related cases.
  • Unspent amount of Rs. 82.87 crores lying with the Central Government shall not lapse on 31.3.2005; disbursement for Fast Track Courts shall continue as before.