High Courts may form think tanks with Judges and lawyers and academicians to consider and explore other innovative modes and initiatives to reduce delays and pendency, said CJI Dipak Misra
Chief Justice Dipak Misra on Friday declared that a “warfare with a mindset” is to be fought against the mounting pendency, which threatens to defeat the access to justice.
He was delivering the inaugural address at the Conference on ‘National Initiative to Reduce Pendency and Delay in Judicial System’.
Noting that each matter has a definite lifespan, he urged that all cases which have not been finally disposed off not be blindly regarded as “arrears”.
He spoke of the communication he addressed to the High Courts, recommending the establishment of a disposal review mechanism to meet periodically, examine the patterns of pendency and effect allocations to appropriate judges for disposal.
He mentioned that the Chief Justices of all High Courts have been urged to explore the possibility of hearing on Saturdays Criminal Appeals and Jail Appeals which have been pending for over 10 years and those in which Legal Aid Counsel, paid remuneration by the courts, have been appointed.
Further, in May, the High Courts were requested to consider hearing Criminal Appeals during the Summer Vacation in which the convict has been in Jail for 5 years or more, of course, after obtaining the consent of counsel of both the parties. The information which has been received so far reflects that around 240 cases have been decided during the summer vacation in May-June.
He fastened an obligation on the executive to assist in the service of processes by Courts, canvassed the scope of plea bargaining and Alternative Dispute Resolution and criticised the trend of seeking adjournments as a “disorder”.
It was the Chief Justice’s opinion that think-tanks comprising judges, advocates and academicians set up by High Courts would go a long way in innovating new ways of tackling the arrears in litigation.