Reducing case backlog will be my priority as CJI: Justice Surya Kant

“Today’s scoreboard shows that the Supreme Court arrears is 90,000. I am not going into how it has happened, who is responsible…What is relevant is I must target, knowing well these are the arrears and this is the total force I have. The force today is 33 (judges with CJI Gavai retiring Sunday)…Optimum utilisation of that force, that is my first first agenda,” he said.

The CJI-designate said that there are arrears to be tackled in the SC as well as High Courts and district judiciary. “One is arrears in SC. Other is arrears on pan-India basis, in High Courts or District Courts. I have to address that also.”

Justice Kant said that there are 1000s of cases which are kept in abeyance in the High Courts and district courts because a question of law or fact related to them is pending before the SC. “So, I am also prioritising those cases in the SC because of which matters are pending in High Courts and district courts. After identifying those matters, they will be immediately listed whether it be before 5 judges or even larger benches and start deciding those cases,” he said.

Pointing out that the rate of filing cases as well as disposal of cases had increased, he said it needed to be understood why many people are directly coming to the SC. Instead of directing them to go to HC, they must be made to realise it themselves that they should first approach the High Courts.

Justice Kant expressed the view that mediation could be one of the solutions to long-term reduction in the number of pending cases. “When I am speaking of arrears, I must also identify the solution. And one of the easiest solutions, and which can be the game-changer…seems to be mediation,” he said.

Pointing out that Prime Minister Narendra Modi had recently launched the Community Mediation Training Module which aims to strengthen legal aid mechanisms, he said “that is an indication of the environment building in favour of mediation among all stakeholders.”

The CJI also said “mediation culture needs to be cultivated in the government and government institutions also”.

On Artificial Intelligence in judiciary, Justice Kant said while there are a lot of advantages, sometimes there is also fear and apprehension about the extent to which it must be allowed to be infused in the system.

Asked if the Supreme Court is also partly responsible for the pendency as even disposed of cases keep coming back with some party filing a miscellaneous application such as in the recent case of tribunals act, he said, “its not possible to have a uniform policy in the matter as many a times, even decided cases are overruled after many years. It will depend on case to case”.

To a query if CJI too comes under social media pressure, he said: “I don’t think CJI should come under social media pressure. I have never felt any such kind of pressure. I never felt any such pressure when I was a judge of the High Court or Chief Justice of the High Court or when I came to SC. Then why, for god’s sake, should I feel pressure when I become CJI?”