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The number of courts functioning in Meerut district are in between 58 to 65 nos., in which only courts of District Judge, JSCC, Civil Judge (Senior Division), Civil Judge (Junior Division) City, Civil Judge (Junior Division) Hawali, Commercial Courts -2, Family Courts -1, Motor Accident Claim (MAC)Tribunals -2, Land Acquisition Rehabilitation & Resettlement Authority (LARRA) Tribunals-1 are permanent.
The stipulated tenure for the judges is of 3 years, except that of District Judge and Presiding Officers of Commercial Courts, Family Court, MAC & LARRA Tribunals. Earlier transfers can happen on personal request of judge, or on administrative grounds. There are approx. 8000 practicing lawyers in Meerut Judgeship.
The data reveals that district courts in Meerut have actual hearings for less than 100 days in a year that has impeding effect on the case disposals.
Case Disposal: A comparison of no. of civil cases 'instituted' & 'disposed off' for month of April-2023 indistrict courts of Meerut & Delhi South West are as below.
Meerut | Delhi South West | |
---|---|---|
Cases Instituted in April’23 | 28 | 1429 |
Cases Disposed in April’23 | 19 | 1562 |
Total Civil Cases | 31836 | 20547 |
[Source: National Judicial Data Grid]
The above table indicates that the 'new cases instituted' in Delhi District Court are 50 times more than Meerut. Still the total civil cases pending are 60% higher in Meerut as the 'case disposal rate' of Meerut is very low (1/82 times of Delhi). The excess time taken incase disposal has consequential adverse impact on economy of Meerut.
Reason | Description | No. of calendar days Lost b/w May '18 up to May '23 |
---|---|---|
2nd Saturdays every month | Declared off by High Court | 60 |
Other Holidays | Summer Holidays, Winter Holidays, Festivals, National Holidays If any holiday is falling on Saturday / Sunday, it is accommodated on a working day |
254 days |
Total | 314 days (1y 2.5 m) |
[Source:Court Calendar]
Total Court days lost = Avg. no. of courts x Total No. of days lost due to abstinence = 60 courts x 314 days = 18,840Court days
Reason | Description | No. of calendar days Lost b/w May '18 up to May '23 |
---|---|---|
1st, 3rd & 4th Saturdays every month | In 1981, West UP High Court Bench Establishment Committee headed by Meerut Bar Association passed a resolution declaring Saturday as strike days in all 22 district courts of Western Uttar Pradesh. Since then, in last 42 years more than4 years have been lost due to this resolution. | 180 days |
Strike | Meerut Bar Association has called strikes for various reasons likean altercation between a lawyer and local administration, on Mahavir Jayanti, Ambedkar Jayanti, Ravidas Jayanti, etc. The strikes have also been called for elections of Bar Associations (there are 2 Bar Associations in Meerut), andof Nagar Nigam, Assembly elections, Parliament Elections, etc. The court working is disrupted during Kanvad Yatra as well for 8 to 10 days. |
316 days |
Condolence | Meerut Bar Association had previously decided to keep abstinence from work for full day, without protest on condolence days declared by bar association in view of the death of any advocate. Now at present, bar association passed a resolution to designate a day in week for condolence reference, but a group of lawyers opposed/overruled the resolution in 'General House'meeting and forcefully got full day off on death of their colleague. |
163 days |
No adverse order | Days close to festivals, summer or winter break, or rainy / foggy days, are declared by Meerut Bar Association as 'no adverse order' days. Some days are lost due to mismatch between holiday calendar of District Court and Collectorate. |
210 days |
Total | 869 days (2y 4.5 m) |
[Source:Bar Association]
Total Court days lost= Avg. no. of courts x Total No. of days lost due to abstinence = 60 courts x 869 days = 52,140 Court days
Reason | Description | No. of calendar days Lost b/w May '18 up to May '23 |
---|---|---|
Judge not sitting / hearing | A judge gets following leaves which can be availed anytime: Casual Leave: 14 days / year& Special Casual Leaves: 4 days/year Earned Leave: 30 days / year Medical Leave:Up to 1 year in whole of service Casual leaves are generally availed by most judicial officers. Approx. 5 judicial officers avail medical or Earned Leaves in a year. |
5000 |
Judge Transfers | 7 days joining time is available to Judicial Officer on transfer. On an average 33% judges are transferred each year. |
700 days |
Total | 5700 |
Direct Loss: The direct economic impact of non-hearing days in terms of cost of HR, utility bills etc. amounts to nearly 100 crores.
Average daily expense estimate of one court = 15000/- (Incl HR cost, utility bills, etc.)
S No. | No. of courts days lost | Direct Loss @ 15000/- per day | |
---|---|---|---|
1 | Due to Holidays | 18,840 | 28.26 crores |
2 | Due to abstinence of work by lawyers | 52,140 | 78.21 crores |
3 | Due to judge on leave & transfers | 5,700 | 8.55 crores |
On S.N.1 & 2, entire judicial establishment is present but not operating.
Indirect Loss: The litigants have to travel for hearing and their time / resources are also wasted. Most importantly, the loss of dates leads to colossal delay in adjudication of matters and massive capital (1000s of crores) is locked in disputes for extended time.
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