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Stay Orders passed by High Courts and SC are delaying timely delivery Justice in District Courts

June,22,2016:

Trial of a cases remains in limbo for around 50% of its life span due to HC & SC stay orders.

Superior Courts Delaying Trials
Superior Courts Delaying Trials

Tendency of High Courts and the Supreme Court to stay proceedings of Trial Court delay the trials by up to 6.5 years.

This conclusion has been drawn in a study carried by the Law Ministry. It is also found that the average life of a case is between 10-15 years.

As a result of Stay of proceedings in effect, the Trial of a case remains in limbo for around 50% of its life span.

The study found that in more than 15,300 civil and criminal cases trial proceedings had been stayed by superior courts in the High Court of Madhya Pradesh, Rajasthan, Gujarat and Odisha.

These findings are based on analysis of the Data published in the Annual Reports of these HCs.

Out of 24 HCs in the country interestingly, not all HCs are publishing their annual reports and there is no uniformity in the manner in which the judicial statistics are being provided in the annual reports.

The study of Data has also brought to the fore that repeated adjournments are being granted by courts as a result of which the average life cycle of cases increase substantially.

The Law Ministry, GOI had lately asked all the High Courts to provide data on their longest reserved judgments.

The Calcutta high court was found to have India’s longest reserved judgment which was for over seven years.

Likewise the oldest reserved judgment in the Allahabad HC is pending disposal for three years. The Jharkhand HC has reported its longest pending disposal case is two years while two other HCs of Kerala and Gujarat are reported to have pending disposal cases for more than a year.
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