JUDGMENT : A. Pasayat, J. - Painting a grim picture relating to high pendency of cases in this Court, thereby causing denial of speedy justice to the litigants, this writ application has been filed by a learned Member of the Bar. According to him, justice delayed is justice denied. He has indicated that as against the sanctioned strength of 16 Judges, presently only 12 Judges are functioning, and 4 posts are yet to be filled up. His prayer essentially is two fold, namely, (i) for early filling up the vacant posts; and (ii) for increasing the strength of Judges by at least seven, so that the cases can be disposed of early. 2. A detailed chart has been filed showing that more than 57,000 cases are pending disposal and quite a sizeable number for more than a decade. It is submitted that even if all the vacancies are filled up, yet the maximum disposal per annum cannot exceed 20,000 cases, and even if no cases are filed for three years, the pending cases can hardly be cleared up. The annual filing, according to petitioner in the last three years, exceeds 15,000 cases, that being so it is stated that urgent measures should be taken by the State and the Central Governments to over come the difficulties faced by the litigants. 3. The learned counsel for the State and the Central said that though there can be no dispute that early disposal of the cases is imperative and highly desirable, yet the decision is to be taken by the Central Government in this matter. 4. High pendency position in different Courts has caused alarm and is receiving serious consideration at various quarters. There can be no dispute that an early adjudication of the dispute is in the interest of all concerned. More than two crore cases are pending in different Courts and Tribunals. Great emphasis is being laid now on providing an effective solution to the three main draw-backs facing the justice delivery system Those are : (a) Access to Court; (b) Backlog in Courts resulting in delays; and (c) Cost of litigation. Introduction of Legal Services Authorities Act, 1987 for providing speedy justice to the poor and the down-trodden and settlement at Lok Adalats is a welcome step in this regard. Large number of Lok Adalats have been and are being organised for reducing the pendency of cases. 5.
Introduction of Legal Services Authorities Act, 1987 for providing speedy justice to the poor and the down-trodden and settlement at Lok Adalats is a welcome step in this regard. Large number of Lok Adalats have been and are being organised for reducing the pendency of cases. 5. Speedy disposal of cases has been considered to be relatable to Article 21 of the Constitution of India, 1950 (in short, the 'Constitution'). Notwithstanding creation of Central and State Administrative Tribunals under the Administrative Tribunals Act, 1985, large number of writ applications are being filed in this Court and the very fact that more than 34,000 writ applications are pending adjudication is a matter to be seriously taken note of. Delayed justice has almost become a routine. It is a chronic disease in the body of administration of justice. Inordinate delay in the disposal of cases actually prevents access to justice as it scares away a common man from the Court and compels him to abandon it. Delay introduces frustration which soon results in disgust for the legal proceedings. In the process it is the justice seeker who has to bear the burden of high cost of litigation. All these have a negative impact, since it leaves a brooding sense of injustice in the minds of the people. The very purpose of administration of justice is frustrated by long delays caused in the disposal of cases. The delay in disposal of cases is one of the obvious shortcomings of our judicial administration. It not only increases the arrears of the Courts, but also disheartens the common men, who are in need of a quick redressal of their grievance. If indeed, justice delayed is justice denied, then crores of citizens for years have been deprived of the most basic of their fundamental rights. The Law Commission in its 14th Report in September 1959 dealt with the question of adequacy of judicial strength as a matter of special importance. Unfortunately the process of providing adequate judge strength commensurate with the volume of litigation has been moving at a snail's pace. 6. In the background of speedy trial of criminal cases vis-a-vis Article 21 of the Constitution, we had occasion to consider the matter in several cases. The anxiety shown for early disposal of criminal trials have also relevance while dealing with long pendency of other litigations.
6. In the background of speedy trial of criminal cases vis-a-vis Article 21 of the Constitution, we had occasion to consider the matter in several cases. The anxiety shown for early disposal of criminal trials have also relevance while dealing with long pendency of other litigations. Observations of the Apex Court in Abdul Rehman Antulay Vs. R.S. Nayak and another etc. etc., ; "Common Cause" A Registered Society through its Director v. Union of India and Ors. : (1996) I OCR 159; Hussainara Khatoon and Others Vs. Home Secretary, State of Bihar, Patna, ; and State of Maharashtra Vs. Champalal Punjaji Shah, ; to the effect that fair, just and reasonable implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily have great significance. In order that an adjudication is fair and just, early disposal is of great importance. One of us (P.C. Naik, J.) highlighted the malady in the case Nisamani Mohapatra v. State of Orissa and Ors. (OJC No. 9773 of 1993 disposed of on 15.10.1998) in the following words : "......I had clearly indicated therein why, though denial of a speedy trial infringes the right guaranteed under Article 21 of the Constitution of India, it cannot be achieved or wholly guaranteed in the prevailing circumstances and as to why the Courts cannot be blamed if they are not able to speedily conclude matters pending before them. As I had indicated, though the Courts are in existence for administration of justice, the power to establish Court, create posts and provide funds is with the Government which neither readily creates posts nor does readily provide funds for buildings, library, furniture and other necessary infrastructure so as to better equip the Judiciary for speedy disposal of cases and smooth dispensation of justice. Though the number of laws and cases is alarmingly high and the litigations are increasing in geometrical proportion, the Judge strength and necessary infrastructure is not being increased even in the arithmetical progression. Thus, there is an ocean like gap between the number of cases and the strength of Judges and number of Courts..... Though in the western countries there are Judges varying between 90 and 150 per one million population, in our country we have only 11 Judges for the same number of people. Thus, the pressure of work of Judiciary in our country is very high". 7.
Though in the western countries there are Judges varying between 90 and 150 per one million population, in our country we have only 11 Judges for the same number of people. Thus, the pressure of work of Judiciary in our country is very high". 7. In the aforesaid background, we direct the Central Government to take an early decision preferably before 1999 sets in, as to desirability of increasing the Judge strength of the Court. That would be a positive step for reducing large pendency of this Court. 8. So far as filling up the vacancies is concerned, procedures have been prescribed and we are sure necessary steps for filling up the vacancies as early as practicable, shall be taken. The writ application is disposed of. Copies of this order be given to learned counsel for State and the Central Government. P.C. Naik, J. 9. I agree.