7.2 lakh cases pending due to non-availability of counsel, PIL says: Patna High Court raises concern

The Patna High Court on Friday expressed its concern over alarming data presented in a public interest litigation (PIL) regarding the pendency of court cases in Bihar, particularly the number of cases that were stated to be pending due to non-availability of counsel. [Kaushik Saini v. State of Bihar].A Bench of Acting Chief Justice Chakradhari Sharan Singh and Justice Partha Sarthy was initially informed by the petitioner that as per information available on the National Judicial Data Grid (NJDG), about 6.9 lakh cases were pending in Bihar due to non-availability of counsel. .The Court was further informed by the petitioner's counsel that the NJDG figures on case pendency have risen since the filing of the writ petition. According to her, as on January 23, 2023, about 7.2 lakh cases were pending due to non-availability of counsel. The data presented to the Court, as reproduced in the Court's order, is as follows:.The Court expressed alarm at the said information, but also noted that doubts were raised at the Bar about the correctness of these figures. As such, it has asked the authorities concerned to cross-check this information to get clarity on current situation vis-à-vis pendency"The data, as noted above, is truly alarming. After verification of the number of cases against various heads from the actual records, the Court will consider passing appropriate orders," the order stated..The Member Secretary of the Bihar State Legal Services Authority was directed to get reports through the respective Secretaries of the District Legal Services Authorities on criminal cases that are pending because of non-availability of counsel. The figures so obtained are to be compiled and presented before the Court."It goes without saying that if any District Legal Service Authority finds, while preparing the data...that a criminal case is pending because of non-availability of a counsel for the accused, it shall be required to provide such accused persons necessary legal aid", the Court added..The Court also took particular interest in the number of infructuous cases that remained pending before courts, where the parties were not interested in pursuing the matter. 67,811 cases that remained pending were infructuous as per the NJDG data presented, the Court noted.The Court has directed the Chairpersons of District Legal Services Authorities (district judges) to examine such cases, take needful steps and communicate the figures of such cases to the Bihar State Legal Services Authority."Bihar State Legal Services Authority shall in its report submit a composite statement of such cases, i.e., cases which have become infructuous for any reason in the opinion of the concerned Chairperson of the District Legal Service Authority," the order stated..Another concern raised was by Advocate General PK Sahi over the long pendency of the criminal cases, that is, cases that were pending before the criminal courts for 20 years or more. The Court has directed the district judges concerned to prepare reports on such cases which have been pending since 2005 and before. The Court added that the data sought is for the issuance of necessary guidelines on this issue as well, if required..Further, the Court has also sought information on the number of cases that are not moving forward due to interim orders passed in such matters..The Court passed these directions while hearing a petition for the effective implementation of Chapter-XXI-A of the Code of Criminal Procedure (CrPC), which deals with disposal of the criminal cases through “plea bargaining”.On this issue, the Court noted that the first step was to identify cases covered under Section 265-A (plea bargaining) of the CrPC. Such identification could furnish a "data-base for preparing a vision document/future plans," the Court observed..Secondly, the Court noted that there should be sensitizing and educating accused persons covered under Section 265-A,CrPC about the benefits of plea bargaining.Such legal education or legal awareness exercises could be undertaken through workshops in jails, court premises and other suitable places, the Court said.The Bench proceeded to direct the Member Secretary, Bihar State Legal Services Authority to come up with a concrete proposal as to how these suggestions may be implemented..The matter will be heard next on March 3.Advocate Shama Sinha represented petitioner.Advocates PK Sahi, PK Verma and Suman Kumar Jha appeared for State. .[Read Order]