HC differs on judicial backlog data

Says Those Out On Bail Are Not Undertrials; So Figure Is 13k & Not 28.6L

Rebecca Samervel TNN 

Mumbai: Bombay high court has disagreed strongly with the National Crime Record Bureau’s figures on judicial backlog in Maharashtra. The court said that “strenuous efforts to reduce overall pendency of cases...have achieved great results”, with the “undertrial prisoner” population in the state at 13,425 at the end of September this year. 
    Statistics released by NCRB, and quoted by TOI in a report, had pegged the “undertrial” population at 28.6 lakh. These included those in prison and out on bail. According to NCRB data, 31 lakh undertrials were awaiting verdict in Maharashtra in 2011. Of these, just 2.4 lakh saw their cases conclude during the year. The remaining 28.6 lakh undertrials are waiting for their fates to be decided another day. Compared to rest of the country, the figure was the highest among all states. 
    However, the high court disputes the NCRB’s definition of ‘undertrial’. According to its registrar general, the term applies to only those who are incarcerated and not those out on bail. By this understanding, the undertrial prisoner population in Maharashtra in 2010-end was 15,744. By 2011-end, it diminished to 14,873 and by end of this September to 13,425. S B Shukre, registrar general of the Bombay high court, said, “Undertrial refers to only undertrial prisoners.” 
    He said a letter has been sent to NCRB in Delhi, seeking a correction of the figures. When contacted, NCRB joint director Nasir Kamal said, “We have received a letter from the Bombay high court and are looking into the matter. We will check the figures and get back.” 
    Bombay high court said that disposal rate had increased greatly over the last five years. While in 2007 the number of cases disposed of was 19.67 lakh, in 2011 this number went upto 26.25 lakh. Till September 30 this year, a total 16.88 lakh cases had been disposed of. Over the last five years, there were also periods when the number of cases disposed of surpassed the number of cases instituted. In 2011, 19.96 lakh cases were instituted and 26.25 lakh disposed of. Till September 30 this year, 13.48 lakh cases were instituted and 16.88 lakh disposed of. 
    Shukre said that pendency has drastically dropped from 41.35 lakh in July 2010 to 29.36 lakh on September 30 this year. “All this was done without any major additions to the existing manpower and infrastructural requirements and by only focusing on effective use of existing procedural law and devising new approaches to the way dockets are managed by individual courts,” Shukre said. 
    R N Laddh, registrar, Inspection II, Bombay high court, said that alternate remedies like Lok Adalat have helped bring down the figure. However, legal experts feel the there is a pressing need to increase the number of competent judges. “29 lakh pending cases is still a big number. The courts are short of judges and competent judges need to be appointed soon,” said Justice H Suresh, a retired Bombay high court judge. 
 
FIGURE IT OUT 
    National Crime Records Bureau had pegged the ‘undertrial’ population in Maharashtra at 28.6 lakh, the highest in the country. The figure includes those in jail and those out on bail. But Bombay high court disputed the figure, saying those out on bail cannot be called undertrials 
    By this definition, it said, the undertrial population in Maharashtra at the end of September 30 this year was only 13,425. NCRB authorities admitted they had received a letter from Bombay HC in this regard and were checking the figures.
    HC also said that pendency of cases had drastically dropped from 41.35 lakh in July 2010 to 29.36 lakh on September 30 this year



Source::: The Times of India, 23-10-2012, p.08. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW