Maharashtra: Over 50 lakh cases pending in state district courts!

Data under the Right to Information (RTI) Act from the Bombay High Court, has exposed the alarming caseload crippling the justice system in Maharashtra. As per the information, an overwhelming 50,73,726 cases are pending in the 33 district courts of the state as of July 31, 2023. The information received under RTI by The Young Whistleblowers Foundation recently, shows that the strain on the judiciary is further underscored by a shortage of judges. Out of the 431 sanctioned positions for district court judges, 47 remain vacant, representing a troubling 10% vacancy rate. Of the massive caseload, a staggering 34,66,477 cases are criminal, while 16,07,249 are civil cases pending across all districts.

Mumbai tops the list

Mumbai leads in the state with the highest caseload, boasting a total of 8,39,849 pending cases. This includes 5,87,885 criminal cases and 2,51,964 civil cases. Pune is the second-largest contributor to the backlog, with 6,21,163 pending cases. Thane stands at the third spot with 4,27,452 cases awaiting resolution. On the contrary, Gadchiroli district bears the least caseload, with only 17,481 pending cases.

"This is not a system of justice, but rather injustice. There is a lack of willpower to ensure timely resolution of cases for citizens. Only the wealthy, who can afford prominent lawyers, see their cases expedited from lower to top courts, while common people often wait for a year or more to get their matters heard. In India, the typical case duration is 30 months, whereas in European countries, it's just 6 months. This can be changed by filling sanctioned judicial vacancies. The average increase in backlog annually is less than 5% while the average vacancy is over 20%," said Shailesh Gandhi, former Chief Information Commissioner and RTI activist.

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Justice delayed, denied

According to district court websites, criminal cases are expected to be resolved within six months, while civil matters should be disposed of within three years. Regrettably, these cases often languish for years on end. According to activist Jeetendra Ghadge of The Young Whistleblowers Foundation who filed the RTI, "It's an open secret that only the rich can afford justice, many use the judicial process to harass their opponents or to simply intimidate them. Lawyers are being engaged with the sole aim of prolonging legal proceedings in the judiciary. Individuals filing false cases or false affidavits hardly get punished. It's unfortunate that the judiciary is well aware of these issues, yet for decades they have not reformed."

Nilesh Kantharia from Gujarat said, "My case is pending for more than 12 years and it takes years to get at least 2-3 dates for hearing. I have to travel every time and legal fees are also a burden. It was a case of cheating and forgery against me by my residential society." "We have to increase the number of judges, lok adalats, and have dedicated judges only for pre-litigation and increase the timing of the court by 15 minutes. Once a week there should be a jail court where the judge will go to jail to conduct matters along with a team of lawyers,' said advocate Yashpal Purohit from Pune. "The courts are burdened with miscellaneous cases, exacerbated by the state's introduction of various schemes. There was a surge in cases during the COVID-19 pandemic. It appears that the government shows minimal interest in filling vacant positions," said advocate Sunil Pandey.

5,87,885
No of criminal cases pending in Mumbai

2,51,964
No of civil cases pending in Mumbai