Delhi to
get twenty-two new Commercial
Courts soon
Delhi to
get twenty-two new Commercial
Courts soon
Pursuant to an order passed by the Delhi High Court in May, the
AAP [Aam Aadmi Party] Government is likely to set up 22 commercial courts in
New Delhi. According to a report published in The Times Of India, the matter has been placed before the Delhi cabinet and a
decision is awaited.
A Division Bench of then Chief Justice Rajendra Menon and
Justice Anup J Bhambhani had directed the Delhi Government to
process its demand to establish 22
commercial courts in various Districts in Delhi. The order was passed in a
plea seeking a direction to the Delhi Government to make Fast Track Courts a permanent feature.
The public interest litigation filed through Advocate Sumit Chander had contended that
the Delhi Government failed to discharge its constitutional obligation to
provide speedy justice by failing to create Fast Track Courts on a permanent
basis. The petitioner, Parag Chawla also brought on record letters written
by the High Court to the Delhi Government, requesting it to make the FTC scheme
a permanent feature by establishing such courts. Subsequently, ad-hoc fast
track courts were sanctioned by the Delhi Government on a yearly basis.
While passing the order, the Court had observed that currently
over 6,000 cases were pending under the Protection of Children from Sexual
Offences Act, 2012 and over 2,000 cases were pending under Section 376 of
the Indian Penal Code. With the current number of courts, it was
"humanly impossible"
to deal with and dispose of such a large number of cases in terms of Section
309 Cr.P.C. the Court had further observed.
Further referring to its continued demands to the Delhi
Government to establish fast track courts and commercial courts for enhanced
disposal rate, the Court had remarked,
"..once the High Court has sought for
certain courts for speedy disposal of cases, the State Government cannot sit on
it and has no option but to sanction the posts as demanded by the High
Court...the State is bound to create commercial courts in an endeavour to
dispose of commercial disputes..Once the High Court has made a demand, the
State is duty bound to sanction the posts.."
The Court had then directed that all the records pertaining to
the pending demands for fast track courts and commercial courts would be placed
before the Delhi Government's cabinet. It had also directed the Registrar
General to "personally" provide all requisite information/details
that are sought by the Delhi Government for the process.
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