Supreme Court issues directions to High Courts to ensure ‘speedy justice’

’On October 20, 2023, the Supreme Court of India issued 12 directions to High Courts to ensure speedy trial and to monitor the disposal of cases while expressing serious concerns about the pendency of cases in the country. The same was addressed while hearing the Yashpal Jain vs. Sushila Devi & Others by Justice S. Ravindra Bhat and Justice Aravind Kumar. The bench pointed out that “The time for procrastination is long past, for justice cannot be a casualty of bureaucratic inefficiency. We must act now, for the hour is late, and the call for justice is unwavering. Let us, as guardians of the law, restore the faith of our citizens in the promise of a just and equitable society. Let us embark on a journey of legal reform with urgency, for the legacy we leave will shape the destiny of a nation. In the halls of justice, let not the echoes of delay and pendency drown out the clarion call of reform.” Following are the directions issued by the Supreme Court for the High Court to ensure ‘speedy justice’.  

1. “All courts at district and taluka levels shall ensure proper execution of the summons and in a time-bound manner as prescribed under Order V Rule (2) of CPC and same shall be monitored by Principal District Judges and after collating the statistics they shall forward the same to be placed before the committee constituted by the High Court for its consideration and monitoring. 
2. All courts at the District and Taluka levels shall ensure that written statement is filed within the prescribed limit namely as prescribed under Order VIII Rule 1 and preferably within 30 days and to assign reasons in writing as to why the time limit is being extended beyond 30 days as indicated under proviso to sub-rule (1) of Order VIII of CPC.
3. All courts at Districts and Talukas shall ensure after the pleadings are complete, the parties should be called upon to appear on the day fixed as indicated in Order X and record the admissions and denials and the court shall direct the parties to the suit to opt for either mode of the settlement outside the court as specified in sub-Section (1) of Section 89 and at the option of the parties shall fix the date of appearance before such forum or authority and in the event of the parties opting to any one of the modes of settlement directions be issued to appear on the date, time and venue fixed and the parties shall so appear before such authority/forum without any further notice at such designated place and time and it shall also be made clear in the reference order that trial is fixed beyond the period of two months making it clear that in the event of ADR not being fruitful, the trial would commence on the next day so fixed and would proceed on day-to-day basis.
4. In the event of the party’s failure to opt for ADR namely resolution of the dispute as prescribed under Section 89(1), the court should frame the issues for its determination within one week preferably, in the open court.
5. Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendars. Once the date of the trial is fixed, the trial should proceed accordingly to the extent possible, on a day-to-day basis. 
6. Learned trial judges of District and Taluka Courts shall as far as possible maintain the diary to ensure that only such number of cases can be handled on any given day for trial and complete the recording of evidence so as to avoid overcrowding of the cases and as a sequence of it would result in adjournment being sought and thereby preventing any inconvenience being caused to the stakeholders. 
7. The counsels representing the parties may be enlightened of the provisions of Order XI and Order XII so as to narrow down the scope of dispute and it would be also the onerous responsibility of the Bar Associations and Bar Councils to have periodical refresher courses and preferably by virtual mode. 
8. The trial courts shall scrupulously, meticulously, and without fail comply with the provisions of Rule 1 of Order XVII and once the trial has commenced it shall be proceeded from day to day as contemplated under the proviso to Rule (2). 
9. The courts shall give meaningful effect to the provisions for payment of cost for ensuring that no adjournment is sought for procrastination of the litigation and the opposite party is suitably compensated in the event of such adjournment is being granted. 
10. At the conclusion of the trial, the oral arguments shall be heard immediately and continuously and judgment be pronounced within the period stipulated under Order XX of CPC. 
11. The statistics relating to the cases pending in each court beyond 5 years shall be forwarded by every presiding officer to the Principal District Judge once a month who (Principal District Judge/District Judge) shall collate the same and forward it to the review committee constituted by the respective High Courts for enabling it to take further steps. 
12. The Committee so constituted by the Hon’ble Chief Justice of the respective States shall meet at least once in two months and direct such corrective measures to be taken by the concerned court as deemed fit and shall also monitor the old cases (preferably which are pending for more than 05 years) constantly.”

The bench further directed the Secretary-General to circulate the copy of this judgment to the Registrar General of all the High Court.