Home Nation News 63 Lakh Cases Pending in Lower Courts Due to Non-availability of Lawyers, Says National Judicial Data Grid

63 Lakh Cases Pending in Lower Courts Due to Non-availability of Lawyers, Says National Judicial Data Grid

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63 Lakh Cases Pending in Lower Courts Due to Non-availability of Lawyers, Says National Judicial Data Grid

Last Updated: January 23, 2023, 11:03 IST

Uttar Pradesh has the most cases pending due to lack of counsel. (Representative image)

Uttar Pradesh has probably the most instances pending due to lack of counsel. (Representative picture)

A range of causes could possibly be behind this, together with dying of attorneys, unaffordability of advocates when instances proceed for lengthy, delay in fixing of attorneys by prosecution, and inefficiency of free authorized companies, as per an knowledgeable

About 63 lakh instances out of the over 4 crore instances pending in decrease courts in the nation are due to non-availability of counsel, as per the National Judicial Data Grid (NJDG), as of January 20.

Out of these, a minimum of 78 per cent are prison instances, whereas the remainder are civil, says a report by Times of India. Uttar Pradesh has probably the most instances pending due to lack of counsel. An evaluation of just a few randomly chosen states exhibits hundreds of such instances in the pendency checklist. Delhi, Gujarat, Karnataka, Maharashtra, Tamil Nadu, UP, and Bihar collectively account for 77.7 per cent, or greater than 49 lakh, of the 63 lakh instances, as per the report.

A range of causes could possibly be behind this, together with dying of attorneys, unaffordability of advocates when instances proceed for lengthy, delay in fixing of attorneys by prosecution, and inefficiency of free authorized companies, mentioned advocate KV Dhananjay.

“Delay is one of the major barriers and this happens for a variety of reasons like a large volume of cases, not enough judges and adjournments for various reasons (one of them being lawyers not being available),” Anisha Gopi, team lead of Nyaaya, an initiative helping citizens understand legal rights, told Times of India.

“Lawyers are often overburdened. The way the registry in our courts functions, case listings come up at the last minute and lawyers are then often forced to miss either of the hearings. Another reason is that an average case in India takes four years to be completed. When litigation continues for longer than anticipated, the aggrieved person may run out of resources to continue paying hefty legal fees,” mentioned Gopi.

Between 2017-18 and 2021-22, over one crore people benefited from pro-bono legal services, offered through the legal services authorities, in sharp contrast to the performance in the previous decades, separate data from the Union Law Ministry shows.

The five states that saw the maximum increase in 2021-22 were MP, UP, Jharkhand, Bihar and Assam, as per the report. Together, these states accounted for a whopping 94 per cent (58.6 lakh) of the 62.2 lakh beneficiaries in 2021-22, while they account for 70.4 per cent (73.1 lakh) of the 1.03 crore beneficiaries in the past five years. However, experts argue that the exponential increase the data shows was hard to accept and called for a more detailed study.

Experts, however, argued that the sharp increase the data shows was hard to accept and called for further study.

In December last year, Chief Justice of India D Y Chandrachud addressed this issue, saying that there is a need for support to ensure lower courts function at optimum capacity.

“Across the country according to the NJDG (National Judicial Data Grid) data, almost 14 lakh cases have been delayed as some kind of record or document is being awaited which is beyond the control of the court,” he mentioned, as per PTI.

“Similarly, throughout the nation over 63 lakh instances have been thought of to be delayed, as per NJDG knowledge due to non-availability of counsel. We really want the assist of the Bar to be certain that our courts are performing at optimum capability,” the CJI mentioned.

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