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Chief Justice of India Justice Ranjan Gogoi during the foundation stone laying ceremony of the auditorium of the Gauhati High Court, Guwahati on Sunday. (PTI)[/caption]
Guwahati, Aug. 4 (PTI): Expressing concern over pendency of cases, Chief Justice of India Ranjan Gogoi said on Sunday that more than two lakh cases are in courts for 25 years, while over 1,000 cases have not been disposed of even after five decades.
Speaking at a public function here, Justice Gogoi said though the judiciary faces criticism for the huge number of pending cases, it is not entirely responsible for the delay as the executive also has some responsibility in the justice delivery mechanism.
"In India, we have a little over one thousand 50-year-old cases and above two lakh 25-year-old cases," he said.
The CJI said, out of about 90 lakh pending civil cases, more than 20 lakh are at a stage where summons have not been served yet.
"This is about 23 per cent of the civil cases in the country. In criminal cases, the figure is worse. Out of 2.10 crore (pending) criminal cases, the total pendency at the summoning stage is over a crore.
"If summons have not been served, how do my judges start the trial? This is my question to the executive. The responsibility of summoning solely lies with the executive arm of the government," Justice Gogoi said.
He said out of the total pending criminal cases, about 45 lakh are petty offences.
Justice Gogoi said he had addressed the chief justices of various high courts on July 10, during which he requested them to "go after" the 50-year-old and those pending for 25 years.
He instructed Gauhati High Court acting Chief Justice Arup Kumar Goswami to clear such long pending cases in Assam as soon as possible.
He also expressed hope that the Centre will accept his proposal to raise the retirement age of high court judges to 65 years from the current 62.
"The immediate result - there will be a freeze of retirement for three years. In these three years, we can try and fill up the 403 vacancies by good judges. This is my dream. It should be carried out by my successor Chief Justice (of India) and I don't see why he cannot change the face of Indian judiciary," Justice Gogoi said.
On the trial courts, the CJI said already around 4,000 posts have been filled of 6,000 vacancies and 1,500 more will be filled up by the end of this year.
"As far as the high courts are concerned, out of 1,079 posts all over the country, 403 are vacant. I have requested the chief justices (of the high courts) to send their recommendations.... Make good recommendations," he said.
In Assam and other North East states, there is no case which is 50 years old, but there are 106 cases which are pending for 25 years, Gogoi said.
Chief Justice of India Ranjan Gogoi on Sunday expressed concern over "belligerent and reckless behaviour" by some individuals and groups and hoped the country's legal institution will overcome such "wayward" constituents.
The CJI, who was speaking after laying the foundation stone of an auditorium of the Gauhati High Court here, however, did not elaborate on his remarks and refrained from naming any individuals or groups.
"It is unfortunate that the present times are witnessing belligerent and reckless behaviour by a few individuals and some groups.
"I am hopeful that such incidents turn out to be exceptions and the strong traditions and ethos of our institution shall always assist our stakeholders to display resilience to overcome the belligerence of such wayward constituents," Gogoi said.
He said that unlike offices or government establishments, courts are unique, with multiple stakeholders converging every day to facilitate and make the wheels of justice move forward, though they may not be bound by any single hierarchy of commands.
"It is therefore important, for each stakeholder functioning in a court complex, to learn and accept that the institutional traditions and practices are the greatest gifts that we inherit in our respective journeys even as we associate with the process of justice dispensation in various capacities," Gogoi said.
The CJI said that judges and judicial officers must remember that judgments and court orders have a bearing on public faith.
"Today, I feel compelled to assert that judges and judicial officers must remember that public faith and confidence, on which our institution lives and survives, is largely built on the basis of orders and judgements passed by us," Gogoi said.
The CJI also said that getting selected as a judicial functionary is an opportunity to serve the hallowed institution, whose value is always immeasurably more than what can be reasonably visualised.
"The right to adjudicate the affairs of fellow human beings and citizens has an element of divinity to it and this privilege by itself must fill us with humility and a profound sense of duty towards the people, whom we serve," he said.
Gogoi emphasised that the connect, behaviour and ways of interaction of every judicial officer and staff member of a subordinate court with fellow citizens signify the way the judiciary would like to serve the aspirations of the people.
"Every subordinate court is the interface that Indian judiciary has with the constituents of our republic, whom we serve," he said.
Expressing concern over pendency of cases, Gogoi said that more than two lakh cases are in courts for 25 years, while over 1,000 cases have not been disposed of even after five decades.
He said the diversities of race, religion and culture in Assam present unique challenges before the high court as well as the subordinate courts serving these areas.
The judges and judicial officers must constantly learn and acknowledge the sensitivities of diverse cultural traditions that may be unique to this particular area, he said.
About the auditorium of the Gauhati High Court, the CJI said that since judicial functioning involves a constant process of learning, adequate opportunities for relaxation and leisure are a must.