As more than five crore cases remain pending at various stages in courts across India, the Supreme Court has issued a series of directions for ensuring speedy trial and disposal of old cases, saying litigants may become disillusioned if the legal process moves at a snail’s pace.
A Bench led by Justice S Ravindra Bhat directed all courts at district and taluka levels to ensure proper execution of the summons and filing of written statements in a time-bound manner and that the parties are called upon to appear on the day fixed after the completion of pleadings.
At the conclusion of trial the oral arguments shall be heard immediately and continuously and judgments should ordinarily be pronounced in 30 days from the date on which the hearing of the case was concluded, it said on Friday.
The statistics relating to the cases pending in each court beyond 5 years shall be forwarded by every presiding officer to the Principal District Judge once in a month who (Principal District Judge/District Judge) shall collate the same and forward it to the review committee constituted by the respective High Courts for enabling it to take further steps, it said.
The Committee so constituted by the Hon’ble Chief Justice of the respective States shall meet at least once in two months and direct such corrective measures to be taken by concerned court as deemed fit and shall also monitor the old cases (preferably which are pending for more than 05 years) constantly, it ordered.
The top court directed its Secretary General to circulate a copy of the judgment to the Registrar General of all the High Courts for being placed before the respective Chief Justices for a consideration and suitable steps being taken.
Describing a swift and efficient judiciary as a cornerstone of democracy, a bulwark against tyranny, and the guarantor of individual liberties, the Bench said, “Every pending case represents a soul in limbo, waiting for closure and vindication. Every delay is an affront to the very ideals that underpin our legal system.”
Lamenting that the concept of justice delayed, justice denied was not a mere truism, but an irrefutable truth, the Bench cited National Judicial Data Grid, (NJDG) figures to highlight the problem.
“We must adapt, we must reform, and we must ensure that justice is not a mirage but a tangible reality for all,” it added.
According to National Judicial Data Grid, 4,37,35,155 cases (3,30,43,812 criminal and 1,06,91,343 civil) are pending in district courts while 84,68,084 cases (17,36,714 criminal and 67,31,370 civil) are pending in 25 high courts across India.
Majority of the cases are pending at the Evidence/ Argument/Judgement stage (43,22,478), within which the maximum pendency is caused at the stage of hearing and evidence. High pendency is also caused during the Appearance/Service stage (27,03,493), within which the maximum pendency is appearance and service/summons related. The reasons behind the maximum pendency has been matters which are stayed (9,69,262) unattended (8,31,076) and awaiting records (8,219,929), the top court noted.
“The spectre of delay and pendency has cast a long shadow upon the very dispensation of justice. In this sacred realm, where the scales of justice are meant to balance with precision, the backlog of cases and the interminable delays have reached a disconcerting crescendo,” it noted.
“The time for procrastination is long past, for justice cannot be a casualty of bureaucratic inefficiency. We must act now, for the hour is late, and the call for justice is unwavering… Let us embark on a journey of legal reform with urgency, for the legacy we leave will shape the destiny of a nation. In the halls of justice, let not the echoes of delay and pendency drown out the clarion call of reform. The time is now, and justice waits for no one,” the Bench said.
(Courtesy:- The Tribune, 21 October 2023)
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