New Delhi: Chief Justice of India SH
Kapadia on Saturday said the issues relating to pendency and arrears
of cases have not been projected properly giving a "totally
wrong impression that there have been millions of cases
pending".
"The pendency and arrears of the cases have not been to
the extent as projected," the CJI said on the occasion of the
Law Day celebration.
He said he wanted to put the records straight and gave
the figure of 56,383 matters as pending in the Supreme Court
till November 1 this year.
Kapadia said arrears in High Courts and subordinate
courts are to the tune of 3.19 crore in which 74 per cent
cases are less than five years old.
The Chief Justice, who lauded the efforts of the apex
court in the last one-and-half years in disposing of the
cases, said there was a need to make distinction between the
pending cases.
He said delay in the disposal of the matters was because
of several factors like failure to remove the defects and
objections by the advocates.
He said at present there are 40,000 cases which are
pending in objection and some of them have been since 1994.
"There are 71 per cent of the cases in which services
have not been completed or defects have not been removed and
they are not ready for hearing," the CJI said.
He said there are only 8710 matters which are ready for
hearing.
However, he said even the ready matters cannot be taken
tomorrow and "you have to give some time to us" as on an
average 710 days are taken to complete one matter.
He said serious attention was needed for disposal of
matters in High Courts and Subordinate Courts where 74 per
cent of cases are less than five years old.
The CJI said he was of the view that those cases which
are more than five years old and constitute 26 per cent should
be taken on priority for which he has written letters to the
Chief Justices of High Courts.
He said the cases falling under the Negotiable
Instruments Act have been increasing and as per the data
available there are 35 lakhs such cases pending in the
subordinate judiciary and the reason for low disposal was
incomplete service of summons in those cases.
The CJI said he has come out with suggestions that courts
dealing with the NIA matters should be provided assistance of
police station in the courts itself like other criminal cases.
He said attempt was being made to reduce the pendency
and arrears of the cases and the judiciary was getting all
support from the Government which had increased the allocation
of funds manifold for upgrading the infrastructure.
"If this trend continues, we will be able to achieve if
not zero pendency then at least the arrears should be wiped
out," he said.
PTI
First Published: Saturday, November 26, 2011, 15:25