I intermittently, efforts are made and plans chalked out to streamline the system of disposal of cases in the courts, especially the ones lying pending disposal for quite a long time. Even, last time, the High Court had set targets for the same about which periodic status report or information was to be submitted by the concerned Judicial Officers. However, we are not in know of the fact as to how much of pendency was taken care of and cases disposed and whether some appreciable reduction in the total pending cases took place. Efforts were made, no doubt, about that but looking to shortage of Judges and increase in load cases on back to back basis, results on expected lines during 2019-20 did not forth come. The current year has been witnessing an entirely different type of challenge which has affected the normal working of the courts due to COVID-19 pandemic. In other words, in addition to already existing backlog, cases which normally could have been dealt with and disposed of, have added to the list of pendency which calls for evolving of a proper strategy and a well organised Action Plan. It is gratifying to note that the Acting Chief Justice of the High Court has chalked out an Action Plan in consonance with the position of pendency of cases. Before we enumerate further on the subject, it is imperative to set a timeline for cases during which their fate could be decided. Although there are no set rules for the same, there was ample scope to evolve a practice since law and practice can at times adopt separate ways to reach the ultimate goal of dispensing justice. If the pendency of cases in the courts could be compared with an explosion like situation, it was no exaggeration and such an explosion was staring into the face which called for taking speedy measures to avoid a situation going out of control. It is , therefore, commendable decision and generating a hope that all civil suits etc filed on or before March 2014 are sought to be disposed of by September 30, 2021. In addition to it, at least 25 oldest Executive Petitions too are targeted to be disposed of which is a practical step proposed to be taken in the direction of lessening the pendency burden and to provide the much longed for relief to the parties to the suits. So far as the Executive Petitions are concerned, decrees are there but execution is either slow or not at all taking place thus the benefits of justice do not reach the deserving party. Likewise, appeals preferred too need to be disposed of and it is a matter of relief that such appeals which are more than a year old have been sought to be disposed of under the Action Plan by September 30, 2021. The fate of under trials in the country under the existing prevailing system is loudly calling for adopting of a strategy of dealing properly with such matters. The share of under-trials lodged in prisons for more than a year has reportedly increased over the time. Under-trails are virtually languishing in jails for periods from 1 year to above 5 years and even more, most of them from poor families. The same is linked with the percentage of cases pending judgment in courts too having increased sharply. Such under-trials can expect some relief as the said Action Plan has provision for such under-trials with 5 years or more in custody to be looked into by the same deadline of ending September next year. In a significant move , there are provisions and arrangements for deciding corruption cases looked after by Special Courts, courts set up for offences against women , courts set up under NIA Act, under POCSO etc and the cases with variant pendency periods to be accorded priority with intent to dispose them of by the fixed timeline. Even during the COVID-19 pandemic such an Action Plan to be executed aims only at providing relief to the litigants and it is incumbent upon evolving of any strategy or an Action Plan to streamline the process requiring a proper monitoring and follow-up which at the outset, calls for filing of periodic status cum progress report on meeting the targets under the said Action Plan. Only then, can expected results be achieved so that ”justice delayed is justice denied” may not percolate deep in the psyche of the litigants.
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