Litigants, State officials behind 75 per cent of delays in judicial system: Allahabad High Court

The Allahabad High Court recently observed that while the judicial system is often blamed for delays in the adjudication of cases, litigants and State officials were responsible for it most of the time [Dr. Uma Shankar Singh vs State Of UP And 3 Others]..Justice JJ Munir remarked that the attitude of litigants in general and the government officials, in particular, goes a long way in contributing to the delays in court cases.“There is a wholesome blame placed on the judicial system for delays. The litigants are 75% of the contributors who seek adjournments or otherwise fail to fulfill their part in the process,” the Court said..It particularly criticised the official respondents or government litigants and said that they were negligent because they had an impression that the outcome of a case would not personally affect them.“There is a culture rife amongst the litigants who are officials of the State to be non-chalant about the process of Court. They are often heard to say that whatever happens how does it affect them,” the Court said..It further observed that the slightest enforcement of the court process makes official litigants rattle and that they object to such orders by involving appellate mechanisms.They do so not against the Court orders but against processes directed to ensure that the case ripens for hearing and the proceedings stay on schedule, the Court added..The remarks were made in a case challenging the approval of a suspension order by the District Inspector of Schools, Ballia. In December last year, the Court had asked the State to respond to the petition. However, despite repeated opportunities, the State failed to do so.On April 9, the matter was mentioned again and the Court was told that the State respondent was yet to file a counter affidavit..Taking a strong view against such negligence, the Court directed the District Inspector of Schools, Ballia to file a response by April 15. The matter could not be taken up for hearing on April 15 due to paucity of time and is next listed for April 25.While the High Court website shows that the counter affidavit has been filed now, the Court had warned the officer of action in case of non-compliance. It had also made it clear that the affidavit would be taken on record subject to the payment of costs which would be recovered personally from the officer..Advocates Prabhakar Awasthi and Sanjay Kumar Yadav represented the petitioner.Advocate Gopal Ji Rai represented one of the respondents. .[Read Order]