Reluctant lawyers stall progress in evening courts: few cases settled

Lawyers also criticise the decision to shift only cases tried under Section 138 of the Negotiable Instruments Act. “Why has the state decided to deal only with cheque-bounce cases on a priority? What should the other litigants do? Shouldn’t the state attempt to bring in judicial reforms with a more holistic approach?” says senior advocate Sukhdev Singh Phull.

A major problem is that most senior lawyers avoid appearance in evening courts on the ground it stretches their working hours. They send in their juniors instead. “Juniors just seek adjournments,” a court employee said.

Kanani says,“We start our day as early as 8 am and after court hours at 5 pm,we meet clients in preparation for the next day. It is difficult for us to be present each day at the evening courts.”

Ketki Gore,booked nine years ago,is among those whose cases were taken up. “All the court has done is issue summons. Even when we are present in the court,my file has hardly moved. Each time,the case gets adjourned on the grounds that court staff aren’t available.”

Public prosecutors,too,are unhappy. “Magistrates presiding over the evening courts have been given 20 per cent additional pay for the extra work; no monetary benefits have been offered to prosecutors,” one said.

The latest data show over 40 lakh cases in High Courts and over 270 lakh in subordinate courts. Mumbai alone has a pendency of over 41 lakh cases.