Justice system in limbo as hearings slashed by courts

Saurabh Malik

Tribune News Service

Chandigarh, May 10

Covid-19 has virtually left the justice delivery mechanism ailing in Punjab, Haryana and Chandigarh. In just about a month, the number of cases being heard has drastically dipped to less than 150, with just about 16 judges holding the court, from nearly 46 judges hearing about 2,510 cases in the Punjab and Haryana High Court.

Unprecedented pendency owing to covid

• On Monday, just 149 cases were listed before 16 judges
• A month ago, on April 9, 2,512 cases were placed before 44 judges with 193 matters before each judge
• The HC is currently facing an unprecedented pendency of 6,77,231 cases, including 2,89,594 criminal matters

To make the matters worse, certain category of cases, such as the regular second appeals, are hardly being decided. Working at nearly half its strength with 46 judges against the sanctioned posts of 85, the High Court is currently facing an unprecedented pendency of 6,77,231 cases, including 2,89,594 criminal matters involving life and liberty. No less than 2,31,637 cases are pending between one and three years. Another 97,797 cases are pending between three and five years.

In the absence of new appointments, impending retirement of three judges this year and lack of physical hearing, the situation is expected to worsen. The only other High Court with pendency more than the Punjab and Haryana High Court is Allahabad with 7,90,220 matters awaiting adjudication.

The summary of cases listed for May 10 makes it clear that about 149 matters were listed before 16 judges. On April 9, no less than 2,512 cases were listed before 44 judges. As many as 193 cases were placed before one judge on that date.

The scaling down of listed cases has not gone down well with the Punjab and Haryana High Court Bar Association. “The High Court is the custodian of Constitution and protector of fundamental rights. It cannot shut its doors for the justice seekers,” the association said in a resolution, adding that its executive committee was concerned about non-listing of matters, especially habeas corpus petitions, anticipatory bails, regular bails, suspension of sentence, stay matters and other matters involving violation of fundamental rights.

Just about 72 hours later, the HC today carried out certain changes, making it clear that the procedure of “mentioning” may be done away with in case of first anticipatory bail pleas filed before the High Court after exhausting the remedy before the sessions court, the habeas corpus petitions and the protection pleas.

The HC has its reasons. It has all along been making it clear that the decisions have been taken to ensure the safety of the judges, advocates, staff and the litigants after taking into consideration the surge in cases with the second wave being more infectious.

Its apprehensions may not be ill-founded. Punjab and Haryana Bar Council chairman Minderjit Yadav said more than 170 advocates were believed to have died due to Covid-19.

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