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Nearly 4L cases pending, shows RTI: Experts Blame Lack of Infra, Inefficient Use Of Resources
Article by Rebecca Samervel in The Times of India dated 19th August 2013
Mumbai: The problem of pending cases continues to plague the legal system year after year. As on July 31, 2013, 3.72 lakh cases are pending in magistrate courts across the city, revealed a Right to Information (RTI) query. Though the figure is marginally better than that of six months ago—3.82 lakh pending cases as on December 31, 2012—it is still a concern.
Of the 3.72 lakh cases, 8,464 have been pending for more than 20 years and 51,074 for more than a decade. Nearly 67,721 cases have been pending for more than five years.
Experts feel that the pendency problem is compounded by lack of infrastructure and inefficient use of resources.
Lawyer-activist Y P Singh pointed out that when a case can culminate in 10 dates on an average, it still stretches to over 100 dates. “This results in infructuous hearings and dates with prolonged gaps. A lot of the court’s time is wasted,” Singh said, adding that in many instances the main culprit is the non-cooperation by the police and prosecution. “There could be a nexus with the accused. Hence, they indulge in non-service of summons and non-execution of warrants.”
Singh cited his own case filed in a magistrate’s court reagarding the alleged forced delay in the hit-and-run case in which actor Salman Khan is an accused. “Irrelevant witnesses and absence of parties heap on, leading to a non-consequential hearing. This is eating away a major chunk of court time. There are instances when the court is forced to retire early in the day owing to this,” he said.
The RTI filed by activist Chetan Kothari also revealed that status quo has been maintained with respect to the number of courts in the last two years. As on July 31, 2013, there are 75 courts, but the the chief metropolitan magistrate’s court is vacant with 3,152 cases pending. “This is very important position and an appointment needs to be made at the earliest. The prolonged absence will also lead to administrative issues,” said an advocate.
Suggesting solutions to reduce pendency, criminal lawyer Majeed Memon said that magistrates must encourage outof-court settlements or compromise applications wherever possible. “With respect to private complaints, magistrates must avoid frivolous litigations and dismiss them at the earliest,” he said. “In several cases, adjournments are granted easily to both to the prosecution and defence. This needs to be curbed.”
“Though there are 75 courts on record in Mumbai, they all need to work to their full potential. We also need several more courts to cope with the existing backlog and future litigation,” a legal activist said.
Article by Rebecca Samervel in The Times of India dated 19th August 2013
Mumbai: The problem of pending cases continues to plague the legal system year after year. As on July 31, 2013, 3.72 lakh cases are pending in magistrate courts across the city, revealed a Right to Information (RTI) query. Though the figure is marginally better than that of six months ago—3.82 lakh pending cases as on December 31, 2012—it is still a concern.
Of the 3.72 lakh cases, 8,464 have been pending for more than 20 years and 51,074 for more than a decade. Nearly 67,721 cases have been pending for more than five years.
Experts feel that the pendency problem is compounded by lack of infrastructure and inefficient use of resources.
Lawyer-activist Y P Singh pointed out that when a case can culminate in 10 dates on an average, it still stretches to over 100 dates. “This results in infructuous hearings and dates with prolonged gaps. A lot of the court’s time is wasted,” Singh said, adding that in many instances the main culprit is the non-cooperation by the police and prosecution. “There could be a nexus with the accused. Hence, they indulge in non-service of summons and non-execution of warrants.”
Singh cited his own case filed in a magistrate’s court reagarding the alleged forced delay in the hit-and-run case in which actor Salman Khan is an accused. “Irrelevant witnesses and absence of parties heap on, leading to a non-consequential hearing. This is eating away a major chunk of court time. There are instances when the court is forced to retire early in the day owing to this,” he said.
The RTI filed by activist Chetan Kothari also revealed that status quo has been maintained with respect to the number of courts in the last two years. As on July 31, 2013, there are 75 courts, but the the chief metropolitan magistrate’s court is vacant with 3,152 cases pending. “This is very important position and an appointment needs to be made at the earliest. The prolonged absence will also lead to administrative issues,” said an advocate.
Suggesting solutions to reduce pendency, criminal lawyer Majeed Memon said that magistrates must encourage outof-court settlements or compromise applications wherever possible. “With respect to private complaints, magistrates must avoid frivolous litigations and dismiss them at the earliest,” he said. “In several cases, adjournments are granted easily to both to the prosecution and defence. This needs to be curbed.”
“Though there are 75 courts on record in Mumbai, they all need to work to their full potential. We also need several more courts to cope with the existing backlog and future litigation,” a legal activist said.
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