High Number of Pending Cases in India

Table of Contents

Reasons Behind High Number of Pending Cases

Frequent Adjournments: Approximately half of the 90 cases listed daily in district and subordinate courts get adjourned.
- Reasons for adjournments include the need for:
  - Evidence gathering.
  - Legal research.
  - Filing motions or awaiting external events affecting the verdict.
Complex Judicial Processes: Multiple stages of a case—charge sheet filing, charge framing, evidence presentation, arguments, and judgment—each introduce delays due to structural inefficiencies.
- Examples of delays:
  - Prolonged evidence collection by investigation officers.
  - Inefficient summons processes by police and public prosecutors.
  - Misleading or outdated information in case records (roznama).
  - Misplacement of case files, especially in prolonged cases.
- Limited Use of Technology: Many district courts lack adequate video conferencing facilities, hindering modernization.
- Inadequate Legal Aid: Undertrials from poor socioeconomic backgrounds lack awareness of free legal aid and face issues with the quality of legal assistance.

Performance Metrics for Judges: Encouraging judges to prioritize high-disposal cases may sideline sensitive or complex cases.
- Hasty judgments can increase appeals, further burdening the judiciary.
Engaging Retired Officials for Administrative Tasks: Retired officials may lack sensitivity and familiarity with judicial procedures, potentially creating inefficiencies and unfairness.
Video Proceedings: Intimidation during virtual hearings as accused are surrounded by jail officers.
- Inability to assess the physical condition or well-being of the accused.
- Loss of crucial rights like meeting family and lawyers confidentially during court appearances.

Structural Reforms in Judicial Processes: Identify and address delays at critical stages like evidence collection, summons issuance, and documentation accuracy.
- Improve case records (roznama) to ensure accurate tracking of case stages.
Improve Legal Aid Access: Allocate more resources to strengthen free legal aid systems.
- Raise awareness about legal aid among underprivileged undertrials.
Balanced Approach to Adjournments: Avoid rigid limits on adjournments; evaluate the justification based on case-specific needs.
Responsible Use of Technology: Enhance video conferencing facilities while safeguarding the rights of undertrials.
- Address issues of intimidation and ensure confidentiality during proceedings.
Focus on Fair and Speedy Trials: Ensure the pursuit of faster case disposal does not compromise fairness.
- Prioritize systemic solutions over quick fixes like performance metrics or external delegations.
Resource Allocation: Increase investments in judicial infrastructure, technological modernization, and human resources to address systemic bottlenecks effectively.