37.95 lakh cases are pending either because warrants haven’t been served or constables have not collected the summons or warrants from the courts.
Concerned over increasing backlog of cases that’s causing much discontent among litigants across the country, Chief Justice of India SH Kapadia has asked all high courts to ensure that about 85 lakh cases pending before them for more than five years are disposed of expeditiously.
According to an official communication from the Supreme Court to the high courts that also control the administration of over burdened subordinate courts, approximately 37.95 lakh cases “are pending” either because warrants haven’t been served or constables have not collected the summons or warrants from the courts concerned.
Dispelling the common perception that over 3.5 crore cases are pending in the courts and many of these law suits are decades old, a top court communication said during the five years ending December 31,2011 different courts disposed of 10.77 crore cases against 11.16 crore law suits filed by the aggrieved litigants including the government and its instrumentalities.
In other words it could be argued that merely 39 lakh cases that had been filed during this five year period were awaiting disposal by 12,600 judges for the 1.2 billion population.
Another interesting feature of the apex court’s statement is that between January 1 and March 31 last, 44.15 lakh cases were filed before subordinate courts and of them only 1.91 lakh matters have been awaiting disposal.
The efficacy of lok adalats could be witnessed particularly during last year as these out of court mediation tribunals resolved 36.17 lakh matters.
The so far unknown fact about the mechanism of ‘filing’ a matter in the Supreme Court is also evident from the communication. It says that on average 710 days or over two years are taken to “make matters complete”.
By November 1 last, 56,383 matters filed before the top court and of these 39,939 cases (71 per cent) were “not ready” to be heard by the court.
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