SUBHENDU SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Painting a grim picture relating to high pendency of cases in this Court, thereby causing denial of speedy justice to the litigants, this writ application has been filed by a learned Member of the Bar. According to him, justice delayed is justice denied. He has indicated that as against the sanctioned strength of 16 Judges, presently only 12 Judges are functioning, and 4 posts are yet to be filled up. His prayer essentially is two fold, namely, (i) for early filling up the vacant posts; and (ii) for increasing the strength of Judges by at least seven, so that the cases can be disposed of early.

(2.) A detailed chart has been filed showing that more than 57,000 cases are pending disposal and quite a sizeable number for more than a decade. It is submitted that even if all the vacancies are filled up, yet the maximum disposal per annum cannot exceed 20,000 cases, and even if no cases are filed for three years, the pending cases can hardly be cleared up. The annual filing, according to petitioner in the last three years, exceeds 15,000 cases, that being so it is stated that urgent measures should be taken by the State and the Central Governments to over come the difficulties faced by the litigants.

(3.) HIGH pendency position in different Courts has caused alarm and is receiving serious consideration at various quarters. There can be no dispute that an early adjudication of the dispute is in the interest of all concerned. More than two crore cases are pending in different Courts and Tribunals. Great emphasis is being laid now on providing an effective solution to the three main draw -backs facing the justice delivery system Those are : (a) Access to Court; (b) Backlog in Courts resulting in delays; and (c) Cost of litigation. Introduction of Legal Services Authorities Act, 1987 for providing speedy justice to the poor and the down -trodden and settlement at Lok Adalats is a welcome step in this regard. Large number of Lok Adalats have been and are being organised for reducing the pendency of cases.