ADHIWAKTA PARISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) RAVI S. Dhavan, J. This writ petition has been filed by the Adhiwakta Parishad and another. The relief sought in the petition is that a mandamus he issued to the Union of India to review the strength of judges at the High Court of Judicature at Allahabad in consultation with the Chief Justice of India and refix the strength of judges of this High Court commensurate with the need to fulfil the State obligation of providing speedy justice. The theme of the writ petition is that it there were more judges, regard being had to the docket explosion at the Allahabad High Court, then, the increased strength of judges will see finality of cases and reduce the arrears. The contention of the petitioners in the case is that one simple solution to all this problem of arrears would be to appoint more judges. The petitioner dwells on other ill, which afflict the Court, but primarily pleads that if more judges, were appointed, then the additional strength will effectively be in a position to move matters and enter decisions on more cases.

(2.) THE Government of India had been issued notice on this petition on 2 February, 1994, almost two and a half years ago to file a counter-affidavit, but, as of date, no counter-affidavit has been filed. Regard being had to the nature of controversy in the writ petition, it would not be proper that this matter be adjourned further to await the affidavit of the Union of India.

(3.) THE Court has heard learned counsel for the petitioner at some length and has hesitation in issuing a mandamus which may turn out to be a futile writ for the simple reason that a solitary factor may not be the solution to clear the arrears of the High Court and to keep this institution working in an ideal state so that the input of cases and the output of it, i. e. , between the filing and the decision, there is no inordinate delay.