Supreme Court seeks Gujarat High Court, State response after report flags huge vacancies in courts

The Supreme Court on Tuesday directed the State of Gujarat and the Gujarat High Court to respond to a report that revealed large-scale vacancies and administrative deficiencies across several courts in the State [Gujarat Industrial Investment Corporation Ltd v. Varanasi Srinivas & Ors]. .A Bench of Justices Surya Kant and Joymalya Bagchi said that it appeared necessary for the State, in consultation with the High Court, to take immediate steps to strengthen the judicial infrastructure.“We have perused the note prepared by the learned amicus and the conclusions drawn in the said report. It appears to us that the State of Gujarat, in consultation with the High Court of Gujarat, is required to provide adequate secretarial assistance and other infrastructural facilities for variety of courts,” the Bench observed..The proceedings arose from a plea filed by Gujarat Industrial Investment Corporation against a 2024 Gujarat High Court order. While issuing notice in the matter on August 6, 2024, the Court expressed concern over the manner in which a civil recovery suit filed in 2001 had remained pending for more than two decades, with issues framed only in 2019 and evidence beginning in 2022. The Bench said that such prolonged delay in the adjudication of a suit for recovery of public money reflected a “disturbing state of affairs” in the judicial system.It then directed the Registrar General of the Gujarat High Court to furnish a detailed status report on the pendency, average life of civil suits, cadre strength and infrastructural facilities available in trial and appellate courts across Gujarat.It had also required the High Court to place the report before the Supreme Court’s Committee for Model Case Flow Management Rules and to suggest a plan for reduction of arrears. The data called for was to include information on civil and criminal case pendency, staffing, infrastructure and remedial measures to tackle inordinate delays.Subsequently, Advocate Astha Sharma was appointed as amicus curiae to assist the Court in analysing the information furnished by the Gujarat High Court and to submit a comprehensive report on the functioning of courts and tribunals across the State..Today, Sharma apprised the Court that a comprehensive exercise had been undertaken to assess the condition of various Courts across Gujarat. She said that information had been sought from the Gujarat High Court, which in turn shared data relating to vacancies, infrastructure, and other administrative aspects across the State’s judicial institutions.“The information received is quite shocking. Almost 40% of the posts in the Labour and Industrial Courts are vacant. There are complaints of sexual harassment and corruption against officials, but none have reached any conclusion. There are no stenographers and ad hoc pools are being used on a daily basis, leading to lack of accountability. The High Court has attributed the pendency of cases to non-availability of counsels in most matters, which is quite shocking. Only 11 mediators have been trained in alternate dispute resolution," the amicus submitted. .Taking due note of the report, the Court issued notice to the State and the High Court while directing the report to be forwarded to the Chief Secretary of the State and the Registrar General of the High Court in a sealed cover..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.