Hyderabad: The judiciary has noticed that the delay in reaching case records to the higher courts from the lower courts is one of main reasons for appeal cases pending for a long time in higher courts.
Legal experts say that there are many ways in which efficiency of the judiciary can be measured, whether in terms of the number of days it takes to dispose of a certain kind of case, or the ratio of filing to disposal of cases.
Lawyers say it is not easy to estimate what should be the desirable time frame within which a given case should be disposed of in the district courts and High Court, particularly on appeal side cases.
But they say one of the causes for the delay in disposal of these types of cases is waiting for lower court records.
The data from e-courts shows that most of the time is spent in the LCR/R and P (Lower Courts Records – Records and Proceedings) stage. Without receiving records of the cases from the lower courts, the appeal cases cannot proceed in the higher courts.
Lawyers are of the opinion that the appellate court should find a way to not hold up court proceedings in appellate courts.
Advocate G. Venugopal Reddy said, “More than five months time is taken in some cases to reach the records from the lower courts and meanwhile more than two to three adjournments would be passed.”
He points out that advocates face an embarrassing situation before their clients because of this delay, when the case is adjourned more than twice for such a small and silly reason.
To mitigate the delay, Mr Reddy said, the Supreme Court in the case of Asian Resurfacing of Road Agency P. Ltd versus Central Bureau of Investigation, had directed that in all cases where records of the trial courts are summoned, the trial courts may send photocopy or scanned copy of the record and retain the original so that the proceedings are not held up.
He said that despite the top court’s direction, there is no improvement in this regard.
In another case the Supreme Court ruled that in cases where specifically the original record is required and the photocopy will not serve the purpose, the appellate court may call for the record only for perusal and the same be returned while keeping a photocopy or scanned copy.
Mr Kontham Goverdhan Reddy, who practises in the High Court, said that there were no rules laid down to forward the records by a trial court for the possibility of appeal.
He pointed out, “when the directions come from the higher courts, the concerned lower court staff puts it aside. With the work load or for any other reason, they neglect it until someone related to the case perceived the file.”
Mr Goverdhan Reddy said that this is a specific issue which must be considered to speed up the disposal of cases.
