Judicial vacancies causing delay in disposal in cases

JAMMU, March 19: Chief Justice of India Dr A S Anand has described the delay in disposal of cases as a stigma that shakes people's confid...

JAMMU, March 19: Chief Justice of India Dr A S Anand has described the delay in disposal of cases as a stigma that shakes people8217;s confidence in the judicial system8217;.

He has said the major factors for this are inadequacy of courts and an inordinate delay in filling up vacancies for judges in high courts and the subordinate judiciary.

Inaugurating a two-day state-level judicial officers conference here today, Justice Anand said courts in the country are unable to cope with the increase in cases due to population explosion.

The overflowing dockets of courts all over the country, should, however, not be taken as a sign of failure of the system but a sign of faith in the administration of justice by those involved in litigation, he said.He said India has the lowest number of judges per capita in the world. Even smaller countries, he said, have around 80 judges per million people wheras this figure ranges between 9 to 11 judges per million people in India.

The CJI said having administrative tribunals toreduce the burden of high courts has not been very successful. He also took a dig at the bureaucracy when he said administrative tribunals were 8220;the idea of bureaucrats to nibble at the judicial cake8221;. He said high courts should instead be strengthened. There could be special benches for particular types of cases like service matters, he said.

Justice Anand said that of the 587 posts of high court judges in the country, 160 have remained vacant for eight months to three years. The situation in the subordinate judiciary is more alarming, he said, adding that data from seven states showed nearly 2,000 vacancies for judicial officers.

Earlier, Governor Garish Chander Sexena urged legal luminaries to suggest measures for ensuring effective functioning of the judicial system in the State8217;s 8220;disturbed condition.8221;

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Chief Minister Dr Farooq Abdullah called for strengthening the State High Court to minimise the pendency of cases. He sought appointment of women judges, and said one of the reasons for delay incourts was the long list of holidays and whenever cuts were mooted there was a hue and cry on one pretext or the other.

He asked lawyers 8220;to be honest in their professional duty8221; and identify the black sheep among them to maintain the dignity of the profession. He said the Government loses cases sometimes on account of lawyers conniving with the other side or delay in filing appeals.

The Chief Justice of Jammu and Kashmir High Court Justice Bhawani Singh referred to the difficulties faced by the State judiciary. He stressed the need to increase the number of courts, establish special courts for trying special offences, appoint judges and adequate staff and improve facilities such as libraries in courts.