Fast-Track Courts Struggle to Expedite Cases Against MPs and MLAs

In a significant setback to the swift disposal of criminal cases involving Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs), fast-track courts designated for this purpose are falling short of their objectives. A recent report released by the Department of Justice, operating under the Ministry of Law, has revealed that over the past five years, only 6% of cases have been resolved by the 10 fast-track courts established for MLAs and MPs. Shockingly, this equates to a mere 168 cases out of the 2,729 pending in the Special Fast Track Courts nationwide. Even more disconcerting is the fact that certain states, including Madhya Pradesh, Andhra Pradesh, and Telangana, have failed to settle even a single case against these influential figures during this period.

Alarming Statistics Highlight the Gravity of the Issue

The report further exposes the magnitude of the problem, indicating that there are currently 4,442 cases encompassing charges of murder, robbery, kidnapping, rape, and other severe crimes registered against 2,556 present and former MPs-MLAs across the country. These cases were meant to be resolved expeditiously through the dedicated fast-track courts, but the politicians themselves are impeding the process.

Obstacles Hindering Fast-Track Settlements

Several factors have been identified as contributing to the sluggish progress of these courts. First and foremost, MPs and MLAs facing criminal charges often possess significant financial resources and wield considerable influence, allowing them to prolong legal proceedings. Their ability to manipulate the system and prolong hearings significantly undermines the intended purpose of expeditious justice.

Moreover, instances have arisen where MLAs, if their political party assumes power following state elections, exploit their newfound authority to harass judges. Transferring judges who preside over their cases becomes a common tactic, as the state government holds the power to transfer and post judicial officers in lower courts. This interference further adds to the delays and impedes the delivery of justice.

Another crucial issue contributing to the backlog is the intimidation and threats faced by witnesses. In criminal cases involving powerful politicians, witnesses often find themselves vulnerable to coercion and attacks. This climate of fear can often lead to witness tampering, including changing their statements, thereby obstructing the judicial process.

Additionally, when a judge is assigned to a special court, they often inherit a substantial backlog of cases. The burden of handling both old and new cases places immense pressure on these judges, inevitably leading to extended delays in hearings and case resolutions.

Calls for Urgent Reforms and Solutions

The dire state of fast-track courts demands immediate attention and robust reforms. It is imperative to establish safeguards that protect the independence and integrity of the judiciary, preventing undue influence from political entities. Strict measures should be implemented to shield witnesses from intimidation, ensuring their safety and encouraging their cooperation with the legal system.

To alleviate the burden on special judges, mechanisms must be put in place to relieve them of older cases. This will enable them to focus their efforts on the pending cases involving MPs and MLAs, promoting efficiency and expediency in the legal process.

The underperformance of fast-track courts in resolving criminal cases against MPs and MLAs highlights a significant failure in the justice system. With a meagre 6% success rate and numerous obstacles hampering progress, urgent reforms are necessary to restore public faith in the legal system. By addressing the challenges of prolonged litigation, political interference, witness protection, and case management, these courts can regain their intended purpose of delivering swift and impartial justice to all, regardless of their social or political standing.