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On 14th June, Chief Justice of India, Dipak Misra has written to the Chief Justices of High Courts to initiate a Disposal Review Mechanism in respect of the mounting pendency of civil and criminal appeals before the High Courts. This communication had been addressed to all High Courts except Sikkim, Meghalaya, and Tripura where the pendency level is not so high. In a subsequent communication dated 22nd June, in the light of the apex court judgment of Malik Mazhar Sultan v. UPPSC (2006) the CJI further directed the Chief Justices of High Courts to take appropriate steps in order to fill up the vacancies in the subordinate judiciary especially where it is higher than 15% taking the aid of online portals wherever necessary.
CJI stressed on the need for some definitive criteria for measuring both quality and quantity of justice in order to establish a better delivery mechanism. The review system as suggested by him deliberates on a “continuous formative assessment” approach taking stock each month so as to enhance the speedy disposal of matters in a particular institution following a priority basis. It also suggests an alignment between a process-oriented and result-oriented approach in order to ensure effective and efficient assessment of the approach. Moreover, High Courts have been requested to prepare action plans for disposal of 10 years and 5 years old cases with specific cut off dates which should be continuously monitored in the light of experience and new ideas by the appointed committees at High Court and subordinate court levels. One of the recommendations made by the CJI in this light was for the Arrears Committees of various High Courts to meet once every month and discuss the monthly report so that the disposal is monitored regularly and course correction suggestions for the action plans can be subsequently implemented yielding optimum results.
He concluded by reiterating on the need for disposal of old cases and acceleration of prioritized ones and a balance to ensure that the overall disposal matches with the overall institution of cases.
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