More than 34.53 lakh cases are currently pending for disposal with the higher and lower courts across the country, which has caused immense suffering to litigants over many years. The sources in the Supreme Court and law ministry said, till June 30 this year, a total of 34,53,353 cases were pending before the higher courts and the lower courts of the country for disposal. Of these, a total of 13,97,354 civil cases are pending with the courts while 19,67,165 criminal cases are pending with the higher and lower courts, according to the sources. Of these 34,53,353 cases till June 30 this year, a total of 29,38,445 cases are pending with the lower courts, while 4,95,415 cases are with the High Court Division and 19,493 with the Appellate Division of the Supreme Court, the sources disclosed.
According to a study by the Supreme Court, the number of pending cases in all courts stood at 3,156,878 till December 31 in 2016 while a total of 3,109,173 cases were pending in 2015; the pending cases numbered 30,07,860 in 2014, and totalled 27,47,468 cases in 2013. The backlog of cases was 24,45,435 in 2012, while the figure was 21,31,559 in 2011.
Some 5,48,014 cases have been pending for more than five years; among these, a total of 3,04,559 civil cases are pending before the lower courts. A total of 2,43,455 criminal cases are pending in the lower courts for disposal for more than five years, resulting in immense suffering for the litigants.
Experts opined that the authorities should take special measures to reduce the backlog of cases, in the greater interest of the litigants. If required, some special benches may be assigned to quickly dispose of the cases, they suggested.
Justice TH Khan said: “If the government wants to bring down the number of pending cases, then judges should be appointed after considering their efficiency, skill and professional ability.”
The number of pending cases has been increasing because of the growing population and the concomitant problems. “Now the government needs to increase the number of judges and officials in the HC, and the selections should focus on quality and efficiency,” Justice Khan said, adding, “Otherwise, the pending cases will keep on increasing.” The most common causes of case backlog are the dearth of judges, insufficient infrastructure and population growth. As a result, the popular approach always talks about recruitment of more judges and building more infrastructures.
Currently, there are around 100 judges in the High Court. The lower courts have around 1,500 active judges.
This means that a High Court judge can supervise and regulate the activities of 15 judges on an average. Noted lawyer Amir-ul Islam, referring to Article 109 of the Constitution, pointed out that the higher court judges can apply their absolute authority in this respect. In a circular, the Supreme Court authorities in February this year issued a set of directives, paving the way for lower court judges to expedite trial proceedings and ensure quick disposal of cases pending across the country.
In the circular, the Supreme Court’s registrar-general Dr Md Jakir Hossain said that a huge numbers of cases were currently being tried in the lower courts and tribunals, making the disposal process more complicated. However, he added that it was the litigants’ right to get justice within the shortest possible time. Considering all aspects, including litigants’ sufferings, the apex court administration sent the circulars to all the courts across the country so that they would be able to conduct the judicial function smoothly and speedily dispose of the pending cases.
It asked the lower courts and tribunals to dispose of cases pending for more than five years on a priority basis and to hear the miscellaneous cases, including interim bail petitions, temporary injunction-related cases and arbitrator appointment-related cases in the second half of a day’s proceedings (from 2pm to 4:30pm).