SC expresses anguish at litigations pending for over 50 years, issues guidelines
Supreme Court of India
New Delhi: In a recent judgment, the Supreme Court expressed its anguish at litigation pending for over 50 years saying that because of judicial delays, litigant public is getting disillusioned of justice delivery system.
A bench of Justices S. Ravindra Bhat and Aravind Kumar extracted data from National Judicial Data Grid (NJGD) and found that the oldest civil case in the country has been pending since 1952 in the court of Civil Judge Senior Division in West Bengal’s Malda district.
The bench said that top three pending criminal cases arising from distinct magisterial courts in Maharashtra date back to 1961 and even beyond.
It said that numerous loopholes in the law itself, redundant and voluminous paperwork, absence of the witnesses, adjournments sought and granted for no justifiable reason, delay in service of summons, lack of implementation of the provisions of Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC) are the major causes of delay.
“There is an urgent need to take proactive steps to not only clear the huge backlog of cases at all levels but there should be introspection by all the stakeholders to gear up to meet the aspirations of the litigant public,” the apex court said issuing detailed guidelines for speedy trial of pending cases.
It noted that about 6 per cent of the population in India is affected by litigation and courts play an important role in the life of a nation governed by Rule of Law.
The Supreme Court said that litigant public or members of the bar or anyone connected in the process of dispensation of justice, should not be allowed to dilute the judicial processes by delaying the said process in any manner.
“We must streamline procedures, bolster infrastructure, invest in technology, and empower our judiciary to meet the demands of our time,” it said, ordering the Secretary General of the apex court to circulate a copy of its judgment to the Registrar General of all the High Courts for taking suitable steps.