Lok Sabha Question No. 3967 (UNSTARRED), answered on 2023-03-24
Subject: Disposal of Old Cases
Ministry: LAW AND JUSTICE
Asked by: Shardaben Anilbhai Patel, T. R. Paarivendhar, Mitesh Rameshbhai (Bakabhai) Patel

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO.3967

TO BE ANSWERED ON FRIDAY, THE 24 TH MARCH, 2023

## DISPOSAL OF OLD CASES

3967. SHRIMATI SHARDABEN ANILBHAI PATEL:

DR. T.R. PAARIVENDHAR:

SHRI MITESH RAMESHBHAI PATEL (BAKABHAI):

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether a number of criminal and civil cases are pending in various Courts for more than 30 to 50 years, if so, the number of cases pending for 30 to 40, 40 to 50 and more than 50 years separately;
- (b)  whether  the  Supreme  Court  has  given  any  directive  to  Courts  to  dispose  of these old cases in a time bound programme;
- (c)  if  so,  the  details  thereof  and  the  number  of  cases  disposed  of  after  the  said
- directive of the Supreme Court; and
- (d) the steps being taken by the Government to dispose of such old cases?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a): The Supreme Court of India has informed that, there are no cases pending for more  than  50  years  as  per  data  retrieved  from  their  Integrated  Case  Management Information System (ICMIS).

In case of the High Courts and District Courts, the detailed statement of criminal and civil cases pending for 30 to 40, 40 to 50 and more than 50 years is as under:-

| Name of Court                | 30 to 40 years   | 30 to 40 years   | 40 to 50 years   | 40 to 50 years   | More than 50 years   | More than 50 years   |
|------------------------------|------------------|------------------|------------------|------------------|----------------------|----------------------|
|                              | Civil            | Criminal         | Civil            | Criminal         | Civil                | Criminal             |
| High Court                   | 45261            | 23026            | 14650            | 1907             | 1077                 | 1                    |
| District &Subordinate Courts | 34214            | 84747            | 6917             | 8518             | 936                  | 371                  |

Source: National Judicial Data Grid (NJDG)

(b): As  per  information  provided  by  Supreme  Court,  directions  are  given  by  the Supreme Court to other courts on a regular basis through its various judgements/orders for  timely  disposal.  For  instance,  in  the  case  of Imtiyaz  Ahmad  vs.  State  of  Uttar Pradesh and Others [(2012) 2SCC 688], the Hon'ble Supreme Court noted that while it has no power of superintendence over the High Courts and that under the Constitution of India the High Courts are not subordinate to the Supreme Court; but as the last court and in exercise of its powers to do complete justice which includes within it, the power to  improve  the  administration  of  justice  in  public  interest,  the  Supreme  Court  issued certain guidelines for sustaining common man's faith in the rule of law and the justice delivery system both being inextricably linked. In these guidelines, the Supreme Court stressed  that  the  High  Courts  should  use  their  authority  sparingly  to  order  stay  of investigation pursuant to lodging of FIR or trial in deserving criminal cases. Such power should  be  exercised  with  due  caution  and  circumspection  keeping  in  mind  the responsibility to expeditiously dispose of the case. Once such power has been exercised, the  High  Courts  should  not  lose  sight  of  the  case  where  they  have  exercised  their extraordinary  power  of  staying  investigation  and  trial.  Most  importantly,  the  High Courts should ensure disposing of such proceedings as early as possible but preferably within six months from the date the stay order was issued.

In order to remedy the institutional problem of bail application not being heard and  to  dispose  such  applications  with  expedition,  the  Supreme  Court  in  the  matter of AranabManoranjanGoswami vs. State of Madhya Pradesh and Ors. [(2021) 2 SCC 427] urged the Chief Justices of the High Courts to use the National Judicial Data Grid (NJDG) as resource to monitor the pendency and disposal of cases. The Supreme Court further directed that each High Court in their administrative capacities should utilize the ICT  tools  which  are  placed  at  their  disposal  in  ensuring  that  access  to  justice  is democratized and remedy the problem of bail applications not being heard and disposed with  expedition.  The  Supreme  Court  has  also  constituted  the  Arrears  Committee  to formulate steps and reduce pendency of cases in the High Courts and District courts.

(c): As  informed  by  the  Supreme  Court  of  India,  the  information  regarding  the number of cases disposed off after the directive of Supreme Court for timely disposal is not maintained by the Registry.

(d): The disposal of pending cases in courts lies within the exclusive domain of the Judiciary and the Central Government has no direct role in the matter.

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