Cases are piling up in the High Court at a faster pace these days as out of the total sanctioned strength of 17 judges—permanent 13 and additional 4—only eight permanent judges occupy the benches currently.
On an average, about a100 cases are listed before each bench a day.
More than 63000 cases are currently pending with Srinagar and Jammu wings of the High Court. The pendency will increase further because two more judges are scheduled to retire in a few months.
“To deal with a hundred cases a day is not possible for a judge. There should be not more than 50 cases listed before a bench. Otherwise it becomes an exercise in listing and re-listing which means more trouble for a litigant,” an official of the High Court said.
Such burgeoning pendency, he said, prompted former Chief Justice of the High Court Justice BadarDurrez Ahmad to seek from Union law ministry an increase in the sanctioned strength of Judges from 17 to 25.
The inadequate sanctioned strength of J&K High Court judges, despite a huge pendency of cases, can be gauged by comparing it with Delhi High Court.
“The pendency of cases in Delhi High Court is over 70000 and the total sanctioned strength is 60 judges, 45 permanent judges and 15 additional judges,” said a source.
However, increase of sanctioned strength makes little sense when the current number of judges is less than the sanctioned strength.
Sources in High Court said the cases pending over a period of time, especially criminal appeals, couldn’t be heard due to shortage of judges.
“It becomes really difficult to constitute a division bench. If we constitute a DB, out of four judges available at Srinagar or Jammu wing, we are bound to list more than a hundred cases before a single bench. It is an absolute burden for the bench and utter disappointment for the litigant,” said an official.
In August last year a process was initiated by the J&K High Court to fill vacancies of the judges by making a recommendation to the Supreme Court Collegium.
The SC Collegium in April this year cleared four names—one from Kashmir Bar and two from Jammu Bar besides one from judges’ quota.
However, the Union ministry of law and justice has yet not taken any final decision.
As per the procedure, after the ministry’s decision, the file will go to the Prime Minister and thereafter to the President of India for issuance of warrant of appointment.