TaxTMI 
TaxTMI 
2012 (2) TMI 730
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....n the High Court for a long period of time. The stay order dated 9.4.03 and several orders dated 29.4.03, 30.4.03, 10.10.03, 7.5.04, 26.5.05, 19.9.06, 27.9.06, 6.10.06 & 18.12.08 of the High Court passed thereafter have been impugned in these appeals. 3. The questions which crop up in this case are of serious magnitude and transcend the immediate facts in the appeal and are of great national importance. 4. These appeals are directed against a batch of interlocutory orders passed by a learned Single Judge of Allahabad High Court in Criminal Writ Petition No. 1786/2003 pending before the learned Judge. 5. It appears that by order dated 9.4.2003, the learned Single Judge admitted the writ petition filed by Respondent Nos. 2 and 3 herein and also stayed the order dated 7.12.2002 passed by the Additional Chief Judicial Magistrate, Gautam Budh Nagar whereby direction had been given for registration of case against the said Respondents. Thereafter, the matter has been listed on various days before the High Court but the matter was getting adjourned. As on the date of filing of the SLP, the writ petition had been kept pending for six years. 6. The SLP came up for hearing before....
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....al number of cases pending in each High Court and the percentage share of the total pendency. TABLE 1: TOTAL PENDENCY High Court Number of criminal cases by type % share of High Court in total number of cases (1) Murder (2) Rape (3) Kidnap ping (4) Dacoity (5) All (6) (7) Allahabad 144 100 341 68 653 28.6 Andhra Pradesh 46 8 2 4 60 2.6 Bihar 92 36 42 31 201 8.8 Bombay 14 5 4 6 29 1.3 Chhattisgarh 4 0 0 1 5 0.2 Delhi 4 5 2 0 11 0.5 Gauhati 6 5 2 8 21 0.9 Gujarat 56 9 34 16 115 5.0 J & K 4 4 6 0 14 0.6 Jharkhand 18 11 12 0 41 1.8 Karnataka 11 4 4 3 22 1.0 Kerala 12 2 5 1 20 0.9 Kolkata 431 209 21 48 709 31.1 Madhya Pradesh 10 14 1 5 30 1.3 Madras 0 1 2 0 3 0.1 Orissa 111 40 26 10 187 8.2 Punjab & Haryana 17 9 5 1 32 1.4 Rajasthan 23 11 17 5 5....
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....m-1y 1-2y 2-4y 4-6y 6-8y >8y All Murder 25 65 132 182 309 211 43 54 1021 Rape 25 46 83 111 127 68 21 11 492 Kidnapping 16 51 120 156 116 67 12 12 550 Dacoity 21 14 20 66 48 23 13 12 217 All 87 176 355 515 600 369 89 89 2280 14. It is clear from the above that out of the four categories, murder cases account for nearly 45% of the total pendency. This share increases if only the oldest pending cases are considered. Out of the 178 cases pending for 6 years or more, 97 are murder cases - i.e. a share of almost 55%. 15. In that report indications were also given about the frequency of listing of cases by different High Courts. 16. On the hypothesis that if a case is listed frequently, it indicated that the matter was being actively considered by the High court, data was also called for on the number of times the case was listed after the grant of the stay order. 17. The following table gives the average number of times a matter was listed for hearing after the grant of stay order. High Cou....
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....igation or trial. Pursuant to a request of the Amicus Curiae, the Allahabad High Court also furnished the above data in electronic form. 23. The data was then analyzed by the Amicus Curiae with the help of Dr. T.C.A. Anant (the current Secretary) and Dr. G.C. Manna, Deputy Director General in the Ministry of Statistics and Programme Implementation. Then a second report was prepared and placed for the consideration of this Court. 24. Important findings from the second report are: Out of the data for 10,541 cases received, data for 10,527 cases could be meaningfully analysed (as the rest had some missing elements). The important findings in respect of these are: (a) As high as 9% of the cases have completed-more than twenty years since the date of stay order. (b) Roughly 21 % of the cases have completed more than ten years. (c) Average pendency per case (counted from the date of stay order till July 26, 2010) works out to be around 7.4 years. (d) Charge-sheet was found to be the most prominent stage where the cases were stayed with almost 32% of the cases falling under this category. The next two prominent stages are found to be "app....
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....d the Amicus Curiae and efforts were made to develop the comprehensive system that the Court has directed. Another Report was filed by the Amicus Curiae setting out the steps taken by the Allahabad High Court, the Central Government and also certain suggestions given by Dr. G.C. Manna, Director General, Ministry of Statistics, who had been requested to visit the High Court to interact with the officials there to see how a better system of listing and tracking cases could be developed. 31. Thereafter, vide Orders dated 14.07.2011 and 17.08.2011, this Court again called for status reports from all the High Courts as to what steps had been taken specifically in the context of this case, in order to expeditiously dispose of matters where proceedings are stayed at the stage of registration of FIR, investigation, framing of charges or trial. Status reports were furnished by some of the High Courts and reports from other High Courts were awaited. 32. Then, vide Order dated 29.09.2011, this Court observed that considering the larger issues which are involved in this case which virtually have a direct impact on administration of justice, it was fit and proper to implead the Central Go....
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....in 1908, William H. Taft observed that one reason for delay in the lower courts is the disposition of judges to wait an undue length of time in the writing of their opinions or judgments. [See William H. Taft, The Delays of the Law, Yale Law Journal. Vo1.18. No. 1 (Nov., 1908), pp.28-39)]. The Judge should deliver the judgment immediately upon the close of the argument. It is almost of as much importance that the court of first instance should decide promptly as that it should decide right. It should be noted that everything which tends to prolong or delay litigation between individuals, or between individuals and State or Corporation, is a great advantage for that litigant who has the longer purse. The man whose rights are involved in the decision of the legal proceeding is much prejudiced in a fight through the courts, if his opponent is able, by reason of his means, to prolong the litigation and keep him for years out of what really belongs to him. 37. Dispatch in the decision making process by Court is one of the great expectations of the common man from the judiciary. A sense of confidence in the Courts is essential to maintain a fabric of order and liberty for a free peopl....
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.... access to justice are conceptually interwoven. All the three bring to bear upon the quality of aspirations which are guaranteed under our Constitution. In order to fulfil the aspiration, it is important that the system must be a successful legal and judicial system. This would involve improvement of better techniques to manage courts more efficiently, cutting down costs and duration of proceedings and to ensure that there is no corruption in the judiciary and the establishment of the judiciary and would also require regular judicial training and updating. 41. The memorable words of Lord Devlin (as quoted by D.M. Dharmadhikari, J.) are pertinent to note: ... The prestige of the judiciary and their reputation for stark impartiality is not at the disposal of any government; it is an asset that belongs to the whole nation... [See Justice D.M. Dharmadhikari, Nature of Judicial Process, (2002) 6 SCC (Jour) 1. 42. Under the principle of the Rule of Law, adequate protection of the law must be given to all persons and to give meaning to it, there must exist an unimpeded right of access to justice. In the 'Words of Lord Bingham: It would seem to be an ob....
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....cided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. 50. The learned Amicus urged that having regard to the paramount importance of the right to access, the Court which he argues is a basic fundamental right specially the Central Government and the State Governments have a duty to ensure speedy disposal of cases for proper maintenance of rule of law and for sustaining peoples' faith in the judicial system. He further argued that with the present infrastructure it is not possible for Courts, whether it is District Courts or the State High Courts or this Court to effectively dispose of cases by just and fair orders within a reasonable timeframe. The learned Amicus also urged that the problem is huge and the considerations are momentous. To understand the magnitude of the problem, the Government must appoint a permanent commission to make continuous recommendation on measures which are necessary to streamline the existing justice delivery system. In support of his submission, he referred to the Report of Lord Woolf submitted to Lord Chancellor in England: ...It will not only assist in streamlining and....
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....brant. In the counter affidavit, which has been filed by the Under Secretary, Ministry of Law and Justice dated 9.1.2012 several steps which have been taken by the Government to ensure speedy justice and to reduce delay are as follows: I. Appointment of Court Managers in High Courts and Sub-ordinate Courts. II. Vision Statement and Action Plan adopted by the National Consultation for Strengthening the Judiciary towards Reducing Pendency and Delays. III. To prepare National Arrear Grid IV. National Mission for Justice Delivery and Legal Reforms. V. National and State Legal Service Authorities constituted under Legal Service Authorities Act, 1987. VI. National Court Management System (as proposed by Hon'ble Chief Justice of India). 54. The learned ASG referred to the agenda notes and the minutes of the meeting of the Advisory Council of the National Commission for Justice Delivery and Legal Reforms. He submitted that the National Mission spanning from 2011 to 2016 would focus on two major goals envisaged in the Vision document, namely, (i) increasing access by reducing delays and arrears in the system, and (ii) enhancing ac....
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..... vi. To suggest suitable measures for quick redressal of citizens grievances, in the field of law. B. Law and Poverty i. To examine the Law which affect the poor and carry out post-audit for socio-economic legislation. ii. To take all such measures as may be necessary to harness law and the legal process in the service of the poor. C. To keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure: - i. Elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principle that decisions should be just and fair. ii. Simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice. iii. Improvement of standards of all concerned with the administration of justice. D. To examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest....
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.... in view of Clause 'H' of the terms of reference of the 19th Law Commission, the present Law Commission can go into the question of making a proper research and a scientific and empirical study to assess the requirement of setting up additional courts and making available additional infrastructures for ensuring free access to court and speedier disposal of cases. The learned ASG submitted that the pendency of cases cannot be tackled by only setting up additional courts. Various other factors are also involved including the cooperation of the members of the Bar, the quality of legal education, policy of legislation, recruitment of quality manpower and such other issues which the Law Commission should urgently address and make recommendations on. 59. The learned ASG also submitted that having regard to the provision of Article 235 of the Constitution the control over district and subordinate courts rests with the respective High Courts in each State. In assessing the requirement of setting up of additional courts and creating additional benches, the opinion of the High Court and the State Government have to be ascertained including the question of budget allocation to each....
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.... the administration of justice in public interest, this Court gives the aforesaid guidelines for sustaining common man's faith in the rule of law and the justice delivery system, both being inextricably linked. II. Certain directions are also given to the Law Commission which are as follows: a) Since the Law Commission itself is seized with the problem and is making investigation having regard to its terms of reference specially clause 'H', thereof, this Court requests the Law Commission, which is headed by a distinguished retired judge of this Court, to undertake an enquiry and submit its recommendation in relation to the following matters: I. Keeping in view that timely justice is an important facet to access to justice, the immediate measures that need to be taken by way of creation of additional courts and other allied matters (including a rational and scientific definition of "arrears" and delay, of which continued notice needs to be taken), to help in elimination of delays, speedy clearance of arrears and reduction in costs. It is trite to add that the qualitative component of justice must not be lowered or compromised; and II. Specif....