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There are only 110 judges in Allahabad High Court. These 12 lakh pending cases are dependent on these judges. There is also pressure on the judges to settle the case. Under the instructions of the Supreme Court, the pendency of the cases has to be ended.
Amidst these pressures, the statement of Justice Subhash Vidyarthi of Allahabad High Court is also in discussion. Recently, Justice Subhash Vidyarthi had said during a hearing – I am hungry, feeling tired and I am physically unable to give judgement. Therefore the decision is reserved.
Justice Subhash Vidyarthi’s compulsion behind saying this was that after hearing against an order of the Debt Recovery Tribunal (DRT) on February 24, the judge reserved the decision with remarks instead of passing the order immediately.
24th February was a very busy day for Justice Subhash Vidyarthi’s court. A total of 235 cases were included in his list. These included 92 new cases, 101 regular cases, 39 miscellaneous applications and 3 additional list cases. Till 4:15 pm, Justice Vidyarthi was able to hear only 29 new cases.
Meanwhile, he was informed that the next case has been remanded (sent back) by the Supreme Court and its deadline is ending on 24th February. After this, Justice Vidyarthi started the hearing of this particular case, which continued till 7 pm.
This comment of the judge has started a new debate. This incident shows how much work pressure there is on judges in Indian courts. Having more than 200 case lists in a single day and then hearing till late evening is mentally and physically challenging for any person.
In fact, there is a huge pendency of cases from the Supreme Court to the High Court. At present about 92800 cases are pending in the Supreme Court. Out of which 72000 cases are civil and 20800 cases are criminal. In the last one year, the pendency in the Supreme Court has increased by more than 10,000.
Allahabad High Court has the highest pendency in the entire country. There are about 12 lakh cases pending in Allahabad High Court. The big thing is that 20% i.e. one-fifth of the cases pending in the High Court in the entire country are in Allahabad High Court alone. There are 22265 cases pending in the Lucknow bench of Allahabad High Court.
There are 34 posts of judges in the Supreme Court, out of which 33 posts are currently filled and one post is vacant. Despite the appointment of judges against the prescribed posts, the pendency is 92828, which shows that the pace of cases coming to the court is very fast. Talking about Allahabad High Court, there are total posts of 160 judges, out of which there are appointments on 110 posts. 50 posts are vacant. That means 31% posts of judges are vacant in Allahabad High Court.
If we talk about the High Courts of the entire country, a total of 1114 posts have been created in all the 25 High Courts, out of which judges are appointed on 804 posts. There are no judges appointed on 310 posts of High Court in the entire country. This means that 27.8 percent of the posts of High Court judges are vacant in the entire country.
Due to the high number of cases not only in the Supreme Court, High Court but also in the District Court, there is work pressure on the judges. At the same time, the parties also have to face problems. Due to excessive pressure on the court, the hearing of the case is not done on time. More cases have to be heard in a day due to which the judges are not able to give much time to the cases and the game of date after date continues.
In criminal cases, there is a problem in getting bail due to over burden on the court. After listing for one hearing, it takes months to get listed for another hearing. In such a situation, if the bail is rejected due to some reasons at one hearing, then it often takes months to get a chance for the second bail.
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