Andhra Pradesh: Advocates peeved over delay in justice

Vijayawada: In view of the huge pendency of cases in AP courts, at nearly 2.12 lakh, advocates urge that the 18 vacancies at the High Court be filled up immediately so that the court has its sanctioned strength of 37 judges. They also stress the need to fill up vacancies of supporting staff and ramp-up of infrastructure so as to expedite hearing of cases and do justice to the people.

The HC is faced with a huge task of dealing with 1.12 lakh writ petitions and other cases.

Taking a cue from the recent remarks of Chief Justice of India Justice N.V. Ramana, calling for filling up of all vacancies of judges at all the High Courts in the country, AP advocates have raised the demand for filling up all vacancies, especially those of judges.

The advocates say that though the Parliamentary Committee on Law and Justice and Law Commission of India and other national forums on law have been calling for a strength of nearly 50 judges for every 10 lakh population in the country, at present, the ratio is abysmally low at 13 judges per a million population, leading to overwhelming of the judicial system for dispensation of justice.

The advocates seek to draw attention to a new trend causing much delay in justice delivery. Private settlement gangs involving anti-social elements are taking advantage of the situation and fleecing both parties in the form of litigations.

To speed up the recruitment process, they suggest that young talented advocates with requisite years of standing on bar even working at mofussil courts be considered for elevation as High Court judges. The Judges at HC can assist the Chief Justice in this regard, by finding out talented and eligible advocates for elevation to the High Court as the non-local CJs have less tenure and are not familiar with local talent. They want judicial officers even from district courts having requisite standing on the bench and known for their legal knowledge and integrity to be considered for elevation as HC judges at regular intervals in order to avoid shortage of judges.

A classic case of delay of justice is that nearly 10 lakh poor children have failed to get admission in Class I at private schools free of cost in the last 10 years. The reason:  the private schools management challenged the GO 44 issued to facilitate the Right to Education in July 2010 in the High Court and its final hearing has been pending. Interestingly, though the Supreme Court adjudicated the same issue in another case in 2012, with no hearing held, the issue remains unresolved at the High Court.

AP Bar Council member Muppala Subba Rao said, “There is an urgent need to strengthen judiciary at every level from mofussil to national levels by all means for quick disposal of cases and deliverance of justice. If not, there is a danger of an alternative system evolving in the form of settlement gangs whom people will be forced to approach for quick justice instead of courts.”

In another case of delay of justice, a woman lost her husband in a mishap and a lower court awarded a relief of Rs 3 lakh to her. But her mother-in-law moved the HC for a share in relief. The case remains unresolved for 12 years in East Godavari.

Visakhapatnam Bar Association former president Prudhvi Raj said, “Pendency of cases in courts should be curtailed by taking up all requisite measures to ensure justice to the petitioners and build confidence in judiciary.”

Another AP Bar Council member Guvera Ravi said, “The strength of judiciary at AP and national level should be enhanced by appointing more judges and raising legal awareness among people to approach courts for justice.”