CHENNAI: Trapping litigants, including victims and accused, in a knotty procedural swamp from which there seemingly is no exit, 5.69 lakh cases are pending in the Madras High Court, while nearly 18 lakh civil and criminal cases are pending in district and subordinate courts of Tamil Nadu.
According to the records tabled in the Parliament, nearly 3 lakh cases have been pending for more than five years and 1.8 lakh for over a decade.
And the numbers are only rising.
Across the country, more than 64 lakh cases are pending in High Courts, while the Supreme Court has nearly 96,000 cases pending as on end of July. The number of pending cases in subordinate and district courts across the country is around 4.99 crore.
According to data, 17,89,467 civil and criminal cases are pending before the subordinate courts in Tamil Nadu, 2,04,421 for over five years and 63,691 for more than 10 years. And the numbers are only rising.
The growing pendency is attributed to several factors, including increasing legal awareness among people, the introduction of new laws, judicial vacancies, shortage of court staff, inadequate infrastructure and repeated appeals.
Speaking to DT Next, advocate V Vasanthakumar said increasing awareness about legal rights was one of the major reasons for the rise in litigation. People are increasingly approaching courts to seek remedies, while the introduction of new laws has also resulted in more cases being filed.
He also pointed to the acute shortage of court staff, including stenographers, and inadequate infrastructure in district courts. District judges are also entrusted with administrative responsibilities in addition to their judicial duties, adding significantly to their overall workload.
Vasanthakumar said greater cooperation from lawyers could help reduce pendency, by presenting their arguments within the allotted time to avoid unnecessary delays. Also, he said, technology could help speed up judicial processes, though its use should not compromise the privacy of litigants, particularly in sensitive cases.
Offering another point of view, that haste cannot be the answer to chronic delays, Madras High Court Advocates Association president RC Paul Kanagaraj said every case requires proper examination and an opportunity for both sides to be heard, while adverse judgments may lead to appeals and further appeals, contributing to pendency.
“Cases should be disposed of as quickly as possible, but justice cannot be reduced to mere speed. Courts need adequate time to hear both sides and arrive at a reasoned decision,” he said, adding that lawyers too need sufficient time to prepare arguments and written submissions.
Raising another key aspect, that of access, retired Madras High Court judge Justice N Kirubakaran questioned how the Supreme Court could claim that “Justice is at the doorstep” while being headquartered in Delhi, and recommended that regional benches should be established across the country.
Similarly, the Madras High Court has only its principal seat in Chennai and circuit bench in Madurai, which, in his opinion, is not sufficient. Setting up more regional benches would help reduce the pendency of cases, he said.
One way of reducing case load is to take strict action against PILs that are filed in pursuit of individual interest rather than genuine public interest. Such petitions should be dismissed with a penalty ranging from Rs 1 lakh to Rs 3 lakh, he said.
Alternative mechanisms such as Lok Adalats and mediation centres are being encouraged to settle suitable disputes without prolonged litigation.
Addressing these shortcomings, along with ensuring adequate judicial strength and timely hearings, can go a long way to reduce pendency of cases and ensure speedy delivery of justice, said legal experts.