Friday 1 May 2020

AJRI Suggests The Supreme Court & High Courts Ways to Reduce Pendency in Indian Courts


To,                                                                              16/10/2018
                         Hon’ble Justice Ranjan Gogoi,
                              Chief Justice of India,
                                      New Delhi.
Subject:  Practical Suggestions for Reducing the Huge Pendency of Cases in Indian Courts of Law through Easy and Feasible Judicial Reforms.
  Reference to the subject mentioned above, we on the behalf of our trust, the Association for Judicial Reforms, India (AJRI), want to humbly submit the following submissions for kind consideration of lordship for enhancing public faith and trust on fairness and independency of Judiciary;                                                                                                      
1.    That our Trust, Association for Judicial Reforms ,India (AJRI) is working for the cause of Judicial Reforms by suggesting practical ways to all the stakeholders of Justice Delivery System based on public experiences and analytical legal researches.
2.    That as our Trust believes that evolution of present Judicial system within its jurisdictions is the best suited methodology to bring judicial reforms in India, we at AJRI work for documenting the public experiences of litigants/lawyers and synergize these with analytical researches carried out by our researchers, to suggest only those practical ways which if implemented as per present Constitutional/Statutory provisions could bring valuable reforms in present Judicial system.
3.    That public faith and trust on fairness and independency of Judiciary   guarantees the equitable and sustainable development of the society, absence/deterioration of which erodes the natural rights of all the citizens of democratically ruled societies like India, where as per National Judicial Data Grid statistics on October  16, 2018, the total 2,78,42,530 numbers of cases are pending in various district courts, means thereby that at least 8 Crore citizens always remain in judicial loop of Lower Courts(an average of  three person per case).
4.    That on the basis of experiences of litigants and Advocates, including all stake holders of Justice Delivery system duly documented by our analytical researches on “Huge Pendency of Cases in Indian Courts of Law ” warrant urgent improvisation for enhancing public faith and trust on fairness and independency of Judiciary by urgently reducing the pendency over Indian Courts .
5.    That as per our Analytical research and majority of litigants and their lawyers shared with our researchers that huge pendency of Cases in Indian Courts of Law  is because of following reasons :
a) Non prioritization of cases for early adjudication ignoring the Case Flow Management Rules.  
b)    Inadequate numbers of Judges vis-a-vis pendency
c)    Multiplication of same cases for same cause of action.
d) Not honouring the intent of legislature for excluding the jurisdiction of Civil Courts in adjudicating the cases emerging out of certain governing acts.
e) Still existence of colonial way to serve court process like notice/ summons instead of ICT enabled process like email in cases there is official email address available.
f) Uncalled Adjournments for filling Written Statement/reapplications, adducing the evidences and for advancing arguments during trials.
6.    That the Non prioritization of cases  is the one of main causes of huge backlog of cases in Lower Courts, as per analytical research synchronized with ground reports gathered by our research team, clearly suggests that on October 15, 2018 out of the total 2,78,42,530 numbers of cases  pending in various district courts, 22,88,535 (8.22%) cases are pending for more than 10 years, despite the fact that various high Courts have already passed Case Flow Management Rules which provide prioritization of cases. As per our analytical research 53 % of total cases pending for more than 10 years are in the State of Uttar Pradesh and Maharashtra, where the Case Flow Management Rules have not been framed/passed and in absence of which we cannot imagine clearing the backlog of 8.22% of total pendency where justice has been delayed for more than 10 years. On this aspect we at AJRI humbly suggest you in the interest of justice to ask all those high Courts which have not framed the Case Flow Management Rules till date to frame these rules and implement these rules in true letter and spirit. 
7.    That inadequate numbers of Judges vis-a-vis pendency is second main reason stated to be for huge pendency in Indian Courts of law. On this aspect we want to respectfully suggest that appointments of judges in Lower judiciary may kindly be initiated in those states urgently which are largely contributing 50 percent in pendency like Uttar Pradesh, Maharashtra, West Bengal, Bihar etc.
8.    That the multiplication of cases for same cause of actions is the third major reasons for huge pendency in District Courts. Our research study on this aspect fortified that some litigants/ lawyers unethically filed various cases emerging out of same cause of action in different courts, and courts even knowing these facts do not initiate to club all these cases in one competent court, which not only hike the pendency but also complicate the adjudication in case of conflict judgments by various courts on same cause of action. On this aspect we want to submit that strict action should be taken for causing pendency by multiplication of cases, and registry at district Courts level should be unified under one local computer network so that it can check the multiplication of cases for same cause of action at time of filing, as such now this is no option for registry to check multiplication at time of filling thus this aspect is also adding uncalled pendency over Indian Courts and seriously hampering the cause of Justice more then only pendency issue.
9.    That the section 9 of CPC puts bar on civil courts to hear the cases which are barred by the provisions of various special acts despite this bar, all district Courts are flooded with cases where cases are filed ignoring the above mentioned provisions and same remained pending for years even this aspect have been brought into notice of concerned courts on first instance which is a also major causes of pendency in Indian Lower Courts. On this aspect we at AJRI conducted a research study which suggests that in cases where jurisdiction of civil courts is barred by the law, the majority of districts courts do not decide the question of jurisdiction on the first instance before proceeding further into full-fledged trial, which creates unnecessary pendency, which could be avoided if same is decided on initial stage rather than after full-fledged trails. It is humbly suggested that all Courts of Law should be directed to decide the questions of jurisdiction if same is barred by law first before proceeding full-fledged trial.
10. That as per experiences of litigants, their lawyers which is well synchronized with  our research suggest that if a case takes one year from its first hearing to final judgment majority of time consume in serving the notices to respondents and filing written statements which can be saved by strict implementation of existing law, as your lordship knows that the amendment of Order-V of Code of Civil Procedure through which the services of summons may be transmitted through fax message or electronic mail service but the same has not been become reality in district courts as well as in the High Courts. And in case of delay in filing written statements beyond the stipulated timeline, strict directions may be issued to all courts of law and lawyers for adhering to the stipulated timeline for filing the written statements as per CPC.
11. That uncalled adjournments have become the public presumption about in Indian Courts of Law, which must be rectified urgently for further enhancing the faith and trust on Justice Delivery system, on this aspect it is suggested in the interest of fair justice that maximum numbers of adjournments in a case may be fixed which either of parties may avail during a case. If this suggestion
is implemented it would not only reduce the pendency and also correct the public presumption about uncalled adjournments.
     Keeping in view above submitted suggestions, we request you that  in case suggestive measures are positively implemented in the interest of fairness an independency of Indian Judiciary, assistance from our side is always at the disposal of one of fairest and independent justice delivery systems prevailing in the world.

                              Dinesh Singh Rawat                    Mrs. Jatinder Kaur
                                            Trustee                        Managing Trustee
Copies to All Hon’ble Chief Justice of High Courts with humble request for considering of submissions made in our communication in the interest of Justice.

                               Dinesh Singh Rawat                    Mrs. Jatinder Kaur
                                                Trustee                       Managing Trustee

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