A WRIT PETITION (AS SAMPLE) PENDENCY OF CASES IN COURTS OF INDIA .
A Writ Petition on the subject of pendency of cases in courts and strength of Judges vis-à-vis population has been filed in the Supreme Court. The Law Commission of India as long ago as 1988 recommended the increase of ratio of 10.5 judges per million population to at least 50 judges per million; this to be done within a period of 10 years so that subsequently target of 107 judges per million is attained in due course. Even after 16 years of this recommendation the present ratio is only about 12 judges per million people. The Writ Petition is reproduced below:-
IN THE SUPREME COURT OF INDIA
CIVIL EXTRAORDINARY JURISDICTION.
WRIT PETITION (CIVIL) NO.________ OF 2004
In the matter of
COMMON CAUSE, Union of India ,
(A Registered Society) Ministry of Law and
A-31, West End , Versus Justice, Shastri Bhawan,
New Delhi - 110 021 New Delhi - 110 002.
through its Director Through its Secretary,
Shri. H.D.SHOURIE Respondent
A PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS AND/OR ANY OTHER APPROPRIATE WRIT, ORDER/DIRECTION DIRECTING THE UNION OF INDIA, MINISTRY OF LAW AND JUSTICE TO INFORM THE COURT OF THE STEPS TAKEN TO FILL UP EXISTING VACANCIES OF JUDGES, AND TO SANCTION ADDITIONAL POSTS OF JUDGES IN VARIOUS COURTS SO AS TO ACHIEVE THE RATE OF 50 JUDGES PER MILLION POPULATION AS WAS RECOMMENDED BY THE LAW COMMISSION IN 1988 AND THE SUPREME COURT OF INDIA IN ALL INDIA JUDGES ASSOICATION CASE (2002) IN ORDER TO REDUCE BACKLOG OF PENDING CASES AND TO EXPEDITE DISPOSAL OF CASES IN THE CONTEXT OF FUNDAMENTAL RIGHTS OF THE PEOPLE GUARANTEED UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA.
The Hon'ble the Chief Justice and His Lordship's Campanion Justices of the Supreme Court of India . The Humble Petition of the Petitioner abovenamed,
MOST RESPECTFULLY SHEWETH:
- That the Petitioner is a Society duly registered under the Societies Registration Act, 1860, and is engaged in taking up various common problems of the people for securing redressal thereof. The Petitioner Society has also brought to Court various constitutional problems. The Petitioner has an established locus standi in its capacity as a bonafide public interest organisation for taking up matters of general public importance. The Petitioner is submitting the present public interest Petition for consideration of this Hon'ble Court .
- That the Petitioner feels concerned about the pending cases in various courts of the country. The litigants have to wait for decades in certain cases before the cases are finally disposed of. In many cases the litigants even die during the proceedings, and the cases are pursued by their children and grandchildren.
- That Law Commission of India as long ago as in 1988 recommended the increase of ratio of 10.5 judges per million population to at least 50 judges per million; this to be done within a period of 10 years so that subsequently target of 107 judges per million is attained in due course. Even after16 years of this recommendation the present ratio is only about 12 judges per million people.
- That the shortfall in the number of judges is primarily stated to be contributing to backlog of cases which are at present to the tune of 2.8 crores. The pendency is not restricted to subordinate courts but also is there in Supreme Court of India and the High Courts of the country. In the Supreme Court there were recently 26,750 pending cases and in the High Courts of the country pending cases are as many as 31,88,000.
- That there are a large number of vacancies of judges which have not been filled up. It is estimated that there are at least vacancies for about 5,000 judges in the courts of the country including High Courts / Subordinate Courts.
- That in the judgment known as All India Judges Association Case (2002), the Supreme Court of India had recommended filling up vacancies in courts, increasing judges / population ratio and seeking more financies for strengthening judicial infrastructure to give it more teeth. The Supreme Court had also suggested a normative ratio of 50 judges per million population to be achieved in a phased manner in a period of five years. The Supreme Court had also recommended that all existing vacancies in the subordinate courts should be filled up, if possible by March 31, 2003, in all the States. However, out of 13,204 sanctioned posts of Judges / Magistrates, a substantial number of posts are still lying vacant.
- That keeping in view the vast population of the country and continuing influx of new cases, it is obvious that we need ten times the existing number of Judges to cope with workload. Referring to the inadequacy of the judges, Chief Justice of India observed recently during Chief Ministers and Chief Justices Conference in September, 2004 that the ratio of 12 judges per million population is the lowest in the world.
- That it is reported that allocation of funds to judiciary in the 9 th and 10 th Plan was only 0.071% and 0.078% respectively. Obviously, there is need to allocate additional funds as was recommended in the judgment relating to All India Judges Association Case (2002).
- Because there are no signs of reduction in the backlog of pending cases and the people for whom the judiciary is the last resort to redress their grievances and get justice, are losing faith because of long delays in dispensation of justice. The prime reason is the shortage of Judges.
- Because the Union of India has not taken any result oriented action to increase the Judges/population ratio which remains dismally low.
- Because the government is presently engaged in preparing Budget for the financial year 2005 – 2006 and there is paramount need of making supportive provisions so as to ensure filling up of existing vacancies, creation of new vacancies of judges and provision of adequate finances. .
- That the above grounds, are being submitted without prejudice to one another and the Petitioner craves leave to add to or to amend the above.
- That the present Petition is being submitted bonafide and in general public interest.
- That no other Writ Petition or proceeding has been initiated by the Petitioner in any High Court or the Supreme Court of India on the subject matter of the present Petition.
- That the Petitioner has no alternative equally efficacious remedy in law for the cause of action being agitated herein.
In the above premises, it is prayed that this Hon'ble Court may be pleased :
- to issue a writ, direction or order in the nature of mandamus and/or any other appropriate writ, direction or order directing the Respondent to inform the court of steps taken so far to achieve the ratio of 50 judges per million as recommended by the Law Commission and this Hon'ble Court by filling up existing vacancies / and creating new ones;
- to issue a writ, direction or order in the nature of mandamus and/or any other appropriate writ, direction or order directing the Respondent to inform the court of the steps taken / intended to be taken to allocate additional funds for strengthening judicial infrastructure to help in reduction of backlog of pending cases;
- to pass such other and further orders as may be deemed necessary and proper on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS IN DUTY BOUND, EVER PRAY.