Report No. 245
|Justice P.V. Reddi
(Former Judge Supreme Court of India)
Law Commission of India
Dear Chief Justice Madan B. Lokur,
In the case of Imtiyaz Ahmed v. State of U.P. (reported in 2012 (2) SCC 688), Hon'ble Supreme Court requested the Law Commission of India to make an assessment of number of additional Courts required for the Country in order to establish better access. to justice. The relevant part of judgment of the Supreme Court in enclosed herewith for ready reference.
Before proceeding further, it is necessary to have data relevant for the purpose of undertaking in-depth study and furnishing a report. The joint Secretary of the Law Commission has addressed a letter to the Registrar-General of your High Court enclosing therewith a performa of information/data required. The copy of proforma is sent herewith for ready reference.
In am thinking of preparing an interim report and placing it before the Court on the next date of hearing i.e., in the first week of August, 2012.
I shall be grateful if you could give instructions to the Registry to compile the data/information on priority basis and pass it on to my office at the earliest, may be within a month or six weeks. It will be helpful if an officer of Register is nominated to coordinate with my office. Perhaps, the Judicial Academy/JTI may also be involved in the task of collating the data and furnishing answers to some of the queries.
With regards and good wishes,
Hon' ble Sri Justice Madan B. Lokur,
Andhra Pradesh High Court,
Re: Addl. Court Project
Data as on 31-12-2011 may please be furnished
1. Number of Subordinate Courts of various categories in the State presently functioning (cadre-wise and District-wise) and the sanctioned strength;
(a) Courts of DJs/ADJs/CMM.- regular and Fast-track, Special Courts (for e.g. PC Act cases) Tribunals (Industrial/Labour, Sales-tax etc.), Family Courts.
(b) Senior Civil Judges
(c) Junior Civil Judges/Judl. Magistrates of I class (those undergoing training and awaiting posting may be separately given);
(d) Spl. Judl. Magistrates (including Fast-track under the recent Central Scheme).
2. Number of Districts &how many are heavy filing/pendency Districts.
Population of each District.
3. Whether recruitment to Jr. Civil Judges is done by PSC or by High Court?
When was the last recruitment?
Any particular reason for vacancies & any bottlenecks in recruitment?
4. (a) Statement showing the pendency of Civil (including EPs) and Criminal cases in each category of Courts specified abov.- District-wise.
(b) Classification of such pending cases, for instance,
(i) Civil: Money suits, other types of suits, civil appeals, motor accident compensation cases, land compensation cases, matrimonial disputes, industrial and labour disputes, Execution petitions, others
(ii) (a) Whether I-As (interlocutory applications) are counted against pending matters (as shown in SC Court News)?
(b) Number of I-As for interim relief pending and disposed of during the year may also be furnished.
(c) Criminal: Number of:
Sessions cases in the Courts of Sessions Judges and Asst. Sessions Judges
Cases relating to IPC offences in Magistrates' Courts (offences against women and children including domestic violence cases be separately given).
Cases relating to offences under special enactments, viz., offences under S, 138 N.I-Act, S.Cs & S.Ts (PA Act), Corruption cases, Economic offences, NDPS-S, 125 Cr. P.C. matters
Crl. Appeals & Revisions.
Summary trial cases.
5. Statement showing institution and disposal of Civil and Criminal cases during the preceding three years (i.e. 2009, 2010 and 2011) in each category of Courts (Dt. Judges, Sr. Civil Judges, Jr. Civil Judges/Magistrates, Spl. Courts and Fast-track Courts).
P.N: Break-up of the types of cases (as mentioned in Col.3(b)(i) & 3(c) instituted in and disposed of by each category of Courts may be furnished.
6. Contested and uncontested cases (including settled) disposed of in each District by each category of Courts during 2010 and 2011 (broad classification of the nature of cases in contested/settled matters may be given if possible).
7. Civil and Crl. cases pending for more than (i) 3 years (ii) 5 years as on 31-12-2011.
8. (a) What is the average rate of disposal of Civil cases (all put together) per Judge in the State during the last 2 years. In the alternative, the average rate of disposal in at least three districts (heavy, medium, light pendency District) may be given.
(b) The same information as regards the criminal cases (all categories put together) may be furnished (1) after excluding very petty cases, viz., traffic challans etc. and (2) after including such petty cases.
9. Trend of filing of Civil/Crl. cases in the District? What accounts for the bulk of litigation in the District?
10. (a) The method adopted by the High Court to assess the performance of judicial officers.
(b) The minimum target fixed for a judicial officer cadre-wise in respect of disposal of civil and criminal cases of different categorie.- (in terms of units or grades) and for achieving the next higher grade (more than the minimum)
11. Number of working days prescribed for judicial work in a year and duration of working time per day.
12. How many Fast-track special Magistrates Courts (morning/evening Courts) and Gram Nyayalayas are functioning? How many cases are transferred to them?
13. What is the reasonable workload that each category of Courts (DJ, Sr. Civil Judge, Jr. Civil Judge/Magistrate) can bear in order to establish better and speedy access to justice?
14. (a) Are there exclusive Courts for dealing with S, 138 N.I-Act cases? How many?
(b) Should all I-As (pre-trial) and bail petitions be allocated to one or two Courts located in cities where a cluster of Courts function?
15. (a) Should there be exclusive Courts for old cases?
(b) Any specific measures taken to prioritize disposal of old cases?
(c) What should be the age of a case (Civil/Criminal) to be treated as 'old' and to fall within the description of 'arrears'?
16. (a) Has there been upward revision of the strength of ministerial staff (including process service staff, record-keepers, typists/stenos) in the recent past?
(b) Is there a need to increase the sanctioned strength of such ministerial staff? If so, what percentage?
P.S.: If the Registry of High Court is not in a position to furnish the data/informations at one stretch, it may be sent in two installments.