Report No. 14

Table No. 1

Statement Showing The work Done in The High Court of Allahabad During The Year 1948-1956

Inadequacy of judicial strength.- This statement shows the very heavy congestion of work in the High Court. There has actually been an enormous increase in the institutions during the past four decades. In 1930, the total number of proceedings instituted in the Allahabad High Court and Chief Court of Oudh was 7,449, in 1940 the number rose to 9591, in 1950 to 19,131 and in 1957 to 24,980. In every class of proceeding, whether it be First Appeals, or Second Appeals, Writ Petitions or Criminal Appeals, there has been a gradual but unmistakable rise in the quantum of work the institutions always exceeding the disposals.

But unfortunately, in spite of the rising institutions, there has been no correspondingly adequate increase in the strength of the High Court. Thus, while the institutions in 1950 were twice the volume in 1940, the strength of the High Court was raised only by 3 judges, from 17 in 1940 to 20 in 1950. It is obvious, therefore, that one major factor responsible for the alarming accumulation of arrears, carried over from year to year, during the past many years, is the continuous shortage of judges in the High Court.

It is quite apparent, that with the present strength of 25 judges, it will be impossible for the High Court to control its file. The magnitude of the problem of arrears can be best appreciated, by estimating the period of time which will be required to clear the existing accumulations.

Taking the disposal in the year 1956 as the basis, when with the maximum strength of judges available in the High Court the disposing capacity of the High Court was perhaps the greatest, it would roughly take the High Court more than 9 years to finish the regular First Appeals, 41/2 years for the regular Second Appeals, 3 years for appeals against orders and civil revisions, 2 years for Letters Patent Appeals and more than one year for criminal appeals and criminal revisions, on the hypothesis that all the judges are employed exclusively to the work of clearing the existing arrears. The gravity of the problem will be perceived from the statement (Table No. 2) which indicates the year in which the matters pending at the close of 1956 were instituted.

These colossal arrears did not show any sign of abatement even during the last year, that is, 1957; actually the number of pending matters further rose from 37,686 to 41,512. This picture of the Court's struggling year after year with swelling arrears is distressing. When we visited Allahabad in December 1956, we were informed that the First Appeals instituted in 1944-45 were still awaiting decision. An instance was also brought to our notice when a criminal revision was heard and the accused was acquitted after he had served out a sentence of 18 months imprisonment. It is difficult to describe the disposal of cases after such delays as the administration of justice.

Table No. 2

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