Open Letter to Chief Justice of India – Delay in case disposal

Open Letter to Chief Justice of India – Delay in case disposal

Date: 21.11.2022


Chief Justice of India,

#5, Krishna Menon Marg, Sunehri Bagh,

New Delhi, India

Minister of Law and Justice

4th Floor, A-Wing,

Shastri Bhawan,

New Delhi-110 001.

Sir/ Madam,

                     Subject: Request for instruction to all Judges/ Judicial Officers to pass Orders in all matters heard in full length

There is always a huge hue and cry in India regarding the pendency of cases and the lack of disposal of cases and multiple statistics/report off several organizations mentioning that the disposal rate of cases is very slow and the pendency of cases in the courts is very high.

One of the most essential things, for an employee who is performing his duties must complete all his duties and tasks before leaving a company. The reason that all employees must complete all the pending work before retirement/ resignation is that the next employee who enters the position is not burdened with incomplete tasks of the previous person holding that position.

That one of the major reasons of pendency of cases in India is that a lot of judges are transferred from one court to the other or Judges are retiring or resigning or for whatever reasons the post of the judge falls vacant, a new judge is replaced. A lot of times the judges have heard arguments at full length and have reserved the matter for Orders, however, Orders are not passed by the Judge by virtue of the post falling vacant. The new Judge who takes charge in the Court has to hear the Arguments afresh and then pass Orders. This procedure not only burdens the incoming judge but also burdens the advocates who have to argue the matter with utmost professionalism at full length repeatedly till the matter is finally put to an end.

My humble request is to direct the outgoing Judges who have heard the entire matter at full length on an Application or where the matters are reserved for Orders, shall pass Orders in such a matter, thereby, assisting the incoming judges who are taking charge. This process shall help the Courts reduce pendency and also help the advocates and the parties involved in the matter as the case would see some progress. An Amendment, Notification, Direction, Ordinance or Order directing all Judges to dispose off the case Or pass Orders in situations where they have heard the matter shall be one step closer to reducing the burden of the Incoming judges.

It goes without saying that Indian Judges are the most hardworking Judges across the globe. I have been lucky to have dealt with Litigation cases in several developed countries to know this fact that Indian judges are the most efficient and hardworking dealing with nearly 80 to 100 cases per day while their counterparts deal with 4 to 10 cases per day. It is an absolute moment of pride for any lawyer or Judge to know this fact.

Therefore, I request you to please do the needful and instruct all judges, judicial officers, in tribunals, quasi judicial bodies, Courts, to finish their job with utmost diligence and pass the baton to the incoming judge, to reap the benefits of retirement.

Yours sincerely,

Shashank Kumar