Data revealed how log jammed our courts are. A Bangalore based NGO’s study on judicial performance has revealed that High Court judges have to hear cases in a few minutes, 15 in the more relaxed courts to 2.5 in the busier ones. On an average, litigants find their cases settled in just 5 minutes. On the other hand, disposal of cases is a long and tortuous process. Specialized courts have been set up like Lok Adaalats, family courts, women’s courts and other fast track forums. It should have eased the burden on traditional courts. But the case is not so. In all courts, the sessions are frequently adjourned almost as in the US serial, Boston Legal. Judges enjoy long holidays. This is in spite of the fact that section 309 of the Criminal Procedure Code recommends that witnesses should be examined daily without a break. But there is always a violation which causes the log jam.
Apart from all this, the number of judges in the higher courts is extremely inadequate which impairs the country’s legal system. 24 high courts are functioning with a 43% vacancy. How they run is a mystery. There are altogether 599 judges instead of the sanctioned 1044. Here is a case where there can be no complaint about redundancy. By the end of this year, there may be over 1 crore cases pending. The clash going on between the Union government and the collegium on the appointment of judges has aggravated the problem. The state governments for their part have failed to reform the lower judiciary. The Centre is guilty of introducing excessive legislation through its own agencies. The common man is a victim of this harassing and delaying process.