Backlog of cases turns critical: CJ

Chief Justice Syed Mahmud Hossain yesterday urged the judges of the High Court Division to work sincerely and with honesty  to reduce the backlog of cases. The situation in the courts has become critical due to the huge number of pending cases. The Chief Justice also urged the judges not to issue rule and stay order in every petition without proper merit, and dispose of the cases within the shortest possible time, considering the immense suffering of the litigants, sources said. He came up with the requests during a full court meeting in the Supreme Court Judges' Lounge, where judges from both the Appellate Division and the High Court Division were present. He also urged the judges to dispose of petitions, filed

before the High Court under Section 561/A and 439 of the Criminal Procedure Code (CrPC) against orders of lower courts, within the stipulated time.

During the meeting, at least 14 to 15 judges of the High Court Division and the Appellate Division gave their opinion regarding quick disposal of cases, according to the sources.

All judges urged the Chief Justice to take steps to appoint new judges in the High Court Division for reducing the backlog of cases. They also urged the Chief Justice to appoint skilled staff in various sections of the High Court Division, which would help in reducing the backlog, sources said.

Judges also said that compared with other countries we have a poor number of judges, but the disposal rate of cases ratio is higher than other countries. So, more new judges should be appointed for reduction of pending cases, they opined.

On April 28, during a case hearing, Chief Justice Syed Mahmud Hossain expressed serious concern over the increasing backlog of cases at the apex court, saying the situation has reached a critical stage.

“So many cases are pending in the Supreme Court (SC) that there isn’t enough room to keep the files. The situation has become critical and it can’t go on like this,” the four-member bench of the Appellate Division, headed by the Chief Justice, said in the presence of attorney general Mahbubay Alam.

The Chief Justice said about 5,15,000 cases were currently pending before the SC for disposal. The figure was only 25,000 in 1982.

He also said that the current figure would have crossed 10 lakh if the court had not disposed of anticipatory bail petitions regularly. “So, I have decided to sit with SC judges to find a way to resolve this issue,” he added.

The Chief Justice said the country’s prisons are crammed mainly with undertrial prisoners. Alternative dispute resolution (ADR) could also be used to reduce the backlog of cases, he added.

About 85 to 90 per cent of cases are disposed of through ADR in the US, Canada, the UK and Australia, while only 10 to 15 per cent cases are disposed of through ADR in Bangladesh. This number should increase through the effectiveness of relevant laws and the existing framework, he said.

The Chief Justice requested the government to implement the existing legal framework to allow ADR to boost litigants’ trust in the legal system. Delay in justice delivery is tantamount to denial of justice and this has caused untold sufferings to justice seekers, he added.

According to SC sources, more than 30 lakh cases are pending in lower courts, while about five lakh cases are pending before the SC.

 

 

Backlog of cases turns critical: CJ

Chief Justice Syed Mahmud Hossain yesterday urged the judges of the High Court Division to work sincerely and with honesty to reduce the backlog of cases. The situation in the courts has become critical due to the huge number of pending cases. The Chief Justice also urged the judges not to issue rule and stay order in every petition without proper merit, and dispose of the cases within the shortest possible time, considering the immense suffering of the litigants, sources said. He came up with the requests during a full court meeting in the Supreme Court Judges Lounge, where judges from both the Appellate Division and the High Court Division were present. He also urged the judges to dispose of petitions, filed before the High Court under Section 561/A and 439 of the Criminal Procedure Code (CrPC) against orders of lower courts, within the stipulated time. During the meeting, at least 14 to 15 judges of the High Court Division and the Appellate Division gave their opinion regarding quick disposal of cases, according to the sources. All judges urged the Chief Justice to take steps to appoint new judges in the High Court Division for reducing the backlog of cases. They also urged the Chief Justice to appoint skilled staff in various sections of the High Court Division, which would help in reducing the backlog, sources said. Judges also said that compared with other countries we have a poor number of judges, but the disposal rate of cases ratio is higher than other countries. So, more new judges should be appointed for reduction of pending cases, they opined. On April 28, during a case hearing, Chief Justice Syed Mahmud Hossain expressed serious concern over the increasing backlog of cases at the apex court, saying the situation has reached a critical stage. So many cases are pending in the Supreme Court (SC) that there isnt enough room to keep the files. The situation has become critical and it cant go on like this, the four-member bench of the Appellate Division, headed by the Chief Justice, said in the presence of attorney general Mahbubay Alam. The Chief Justice said about 5,15,000 cases were currently pending before the SC for disposal. The figure was only 25,000 in 1982. He also said that the current figure would have crossed 10 lakh if the court had not disposed of anticipatory bail petitions regularly. So, I have decided to sit with SC judges to find a way to resolve this issue, he added. The Chief Justice said the countrys prisons are crammed mainly with undertrial prisoners. Alternative dispute resolution (ADR) could also be used to reduce the backlog of cases, he added. About 85 to 90 per cent of cases are disposed of through ADR in the US, Canada, the UK and Australia, while only 10 to 15 per cent cases are disposed of through ADR in Bangladesh. This number should increase through the effectiveness of relevant laws and the existing framework, he said. The Chief Justice requested the government to implement the existing legal framework to allow ADR to boost litigants trust in the legal system. Delay in justice delivery is tantamount to denial of justice and this has caused untold sufferings to justice seekers, he added. According to SC sources, more than 30 lakh cases are pending in lower courts, while about five lakh cases are pending before the SC.