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This is an archive article published on June 8, 2022

In a first, Orissa HC assesses its own performance, lists challenges

“For any institution, introspection is necessary to overcome the drawbacks and to enhance efficiency,” the report stated in a chapter titled 'Introspection and Challenges'.

Inquiry against Orissa HC judges: the backOrissa High Court.

From addressing the digital divide over access to justice, managing the docket explosion, listing important judgments of each of its 18 judges to remembering staff who succumbed to Covid-19, the Orissa High Court has brought out a one-of-a-kind annual report of its performance in 2021.

The 312-page report outlines the performance of the High Court and the lower judiciary in the state. The project was undertaken by Orissa High Court Chief Justice S Muralidhar who took office on January 4, 2021.

“For any institution, introspection is necessary to overcome the drawbacks and to enhance efficiency,” the report stated in a chapter titled ‘Introspection and Challenges’.

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As of December 31, 2021, a total of 197,119 civil and criminal cases are pending before the High Court. The report stated that although the High Court did not function at full strength, institution of cases in 2021 increased by around 45,500 cases, while disposals increased by around 44,000 cases in comparison to 2020 figures.

The High Court currently has 21 judges against a sanctioned strength of 33 judges. The report stated that the working strength of judges was only 15 in June 2021 and 13 in October 2021.

“Still the pendency at the end of the year also substantially increased due to abolition of the Odisha Administrative Tribunal and the resultant transfer of its pendency cases to the High Court,” the report stated.

The High Court has also been able to publish separate monthly cause lists for old cases. In 2021, 3457 five-year-old cases, 2522 10-year-old cases, 90 25-year-old cases and 1 40-year-old case were disposed of — 41 more cases older than 40 years are still pending.

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“Undoubtedly, the greatest challenge to the judiciary is docket explosion i.e. increase in the pendency of cases. While the increase in the institution of cases reflects people’s faith in the judiciary, it also poses challenges,” the report stated.

It lists 2-3 important judgments by each of the 18 judges of the High Court including one by Chief Justice Muralidhar involving a 15-year-old writ petition and a 7-year-old PIL after receiving a recent report about the death of 5 inmates in Odisha jails.

A bench led by Justice Muralidhar has passed orders to systematically trace overcrowding in every jail and sought inputs from civil society organisations and researchers.

In the list of initiatives to address the digital divide in the judiciary, the report said the High Court had introduced new facilities for lawyers within the court premises.

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“To help overcome any disadvantage faced by lawyers and litigants on account of the digital divide caused by the lack of access to the ICT devices and therefore to participate in the virtual hearings, the High Court provided video conferencing cabins in its premises. Likewise, in each of the district court VC cabins were provided.”

The report said that with three courtrooms — of Justices SK Panigrahi, BP Routray and Savitri Ratho — going paperless, considerable reduction was seen in use of paper.

Printing of orders and judgments with the watermark of the High Court’s logo and sending High Court orders to subordinate courts digitally has also been introduced through a customized software module called the Order Communication Portal (OCP).

“Substantial time gets consumed by the time such orders reach the subordinate Court through post resulting in possible delay in compliance,” the report stated, adding that more than 40,000 orders have been communicated from the High Court to various District and Subordinate Courts across the State through OCP in 2021 since its launch in April that year.

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The High Court has also launched “E-Custody certificate system” in November 2021 in coordination with the Home Department, the Prisons Department, the office of the Advocate General and the NIC.

“Eventually, E-Custody Certificate System provides comprehensive information of a prisoner such as the identity of a criminal, address, the cases for which he has undergone incarceration, his antecedent and period of sentence undergone,” the report stated.

The report also paid homage to six employees including copyist Panduram Murmu, peon Sanjeeb Kumar Barik and gardeners Sahadev Behera and Binod Bihari Gochhi who succumbed to Covid.

In his parting advice, Chief Justice Muralidhar urged his colleagues to read “an excellent piece titled ‘How to be a Good Judge — Advice to New Judges’ by Mr Justice RV Raveendran, Former Judge, Supreme Court of India.”

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“I find it useful to go back to it every now and then for guidance. I request you to circulate a copy thereof, by e-mail, to all judicial officers in your judgeship,” he wrote.

Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More

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