Sunday, November 27, 2011

Will clear 5-yr-old cases by 2012: CJI

Will clear 5-yr-old cases by 2012: CJI
The judiciary from now on will identify and expedite disposal of cases which are pending for more than five years, said Chief Justice of India S H Kapadia on Saturday.
NEW DELHI: The judiciary from now on will identify and expedite disposal of cases which are pending for more than five years, said Chief Justice of India S H Kapadia on Saturday.

"This year is going to be 5+ free year for the judiciary," Justice Kapadia said indicating that efforts are on to make 2012 the year when the focus would be to dispose of as quickly as possible cases pending for over five years, which were crowding the dockets of judicial officers.

He shared the public concern over the 3.19 crore cases pending in lower courts, high courts and the Supreme Court, but was visibly peeved by the unfair criticism and projection of the pendency figures.

He said of the 3.19-crore cases, 74% or 2.35 crore were less than five-year old which too was largely because of the cases being not ripe for hearing because of non-intimation of court notices to the party against whom the cases were filed or non-filing of reply by them.

"I have written to the Chief Justices of High Courts and they have been asked to focus on this 26% of the cases which are over five years old," Justice Kapadia said, adding that judiciary has done a phenomenal job in disposal of cases.

"Many things are not rightly projected. Of the 56,383 cases pending in the Supreme Court, 40,000-odd cases are not ready for hearing as service is not complete. The Subordinate judiciary with a judge strength of 12,000-odd has done a tremendous job in disposal of cases. Against a filing of 44 lakh cases, they disposed of 46 lakh cases this year. I am proud to be the Chief Justice," he said.

Besides docket burden, there are 35 lakh cheque bouncing cases, most of which have been pending for long largely because of non-intimation of court notice to the opposite parties, he said.

He suggested to law minister Salman Khurshid to take a proposal to the government to provide a police station with each court dealing with Negotiable Instrument Act cases. These police stations should be given the task of effecting service of summons, notices to parties in NI Act cases, he said.

He said the government has been effusive in its response to the monetary requirements of judiciary regarding infrastructure and other projects.

Khurshid said the SC and the Delhi HC were the "show window courts" of Indian judiciary visited by foreign delegates. "We have the best of legal minds working in the judiciary. We will show to the world that we provided them with best infrastructure," the CJI said.

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