63 lakh cases delayed due to non-availability of lawyers : SC Chief Justice

Appealed to the people to change the mindset of treating the District Courts as the subordinate judiciary

Chief Justice of India D Y Chandrachud       (Image credit : DailyO)

Amaravati (Andhra Pradesh) – “Over 63 lakh cases across the country have been delayed due to the non-availability of counsels”, said Chief Justice of India DY Chandrachud while speaking at the inauguration of the ‘Andhra Pradesh Judicial Academy’. He appealed that people must get rid of the colonial mindset of referring to and treating District Courts as subordinate Judiciary in the hierarchy and practice.

The Chief Justice said,

1. This number may be higher or lesser since data is yet to be received from all Courts. We really need the support of the Bar to ensure that our Courts function at optimum capacity

2. Across the country according to the NJDG (National Judicial Data Grid) data, almost 14 lakh cases have been delayed since some kind of record or document is awaited. This is beyond the control of the Courts.

3. Bail, but not jail, is one of the fundamental rules of the criminal justice system. Yet, in practice, the number of under-trials languishing in prisons in India reflects a paradoxical situation. A large number of undertrials are awaiting bail.

4. Section 438 of the CrPC (Bail) and Section 439 (Cancellation of bail) must not be perceived as meaningless, mechanical, procedural at the grassroots level, at the District Judiciary, only to get rejected and then move to a higher Court.

5. The District Judiciary must provide remedies by itself, since these Courts affect the poorest of the country.