10,000 more courts needed to clear backlog: CJI

10,000 more courts needed to clear backlog: CJI New Delhi (PTI): Warning that the law and order situation would be seriously impacted if criminal courts continued to be flooded with cases, Chief Justice of India K G Balakrishnan has proposed that 10,000 more subordinate courts be set up to clear the staggering backlog of 3.5 crore cases. "There are 15,000 subordinate courts but only about 13,800 something actually are working strength. At least 10,000 courts more should be there," the CJI said. He said as the head of the judiciary, the biggest worries for him is not corruption but the existence of less number of courts to deal with the increasing pendency of cases. "Perhaps it (corruption in judiciary) is not that much serious matter. The worry is only the large number of cases and the less number of courts. Unless we get large number of courts to take up these cases, it would be difficult," the CJI said in an interview to PTI. "The basic thing is that we should have more courts. That is the main thing, but we cannot wait for the courts to come up and, so within the system we are trying to do many things. "So we improve the system, speed up the computerisation, improve the infrastructure and we are trying to settle cases by mediation," he said. The suggestion for setting up Constitutional courts for Constitutional matters to reduce the burden at higher judiciary could be considered, the Chief Justice said. "It is an idea which we have to think the pros and cons. We cannot express a casual opinion on this. It is a very serious matter which requires Constitutional amendments. It can be thought of," he said. All these things require drastic changes and, in India, I don't think any drastic changes can happen so soon. It takes years," the CJI said when asked about steps required to make the justice delivery system more effective. However, he stressed that the pendency of cases in subordinate courts have to be given priority and the issue has been taken up at the highest level for the setting up more special courts for CBI cases. "There are more CBI cases and we don't have enough courts in the country. I gave a report to the Prime Minister and requested to set up 65 more (CBI) courts. Four CBI courts are coming in Delhi," he said, adding that there are some problems in the appointment of the requisite number of prosecutors to deal with CBI cases. The CJI cited increasing number of cheque bouncing cases which were coming in the way of disposal of cases of other nature. "One major problem is cases under Section 138 of the Negotiable Instrument Act relating to cheque bounce. It has created a huge problem for magistracy. They are all flooded with these cases and I feel that unless the regular criminal court is working, it would have serious impact on law and order situation," he said. The CJI also expressed his displeasure over due consideration not being given by the state governments for setting up of family courts though the law in this regard was introduced over two decades ago. "Every district should have family courts. But in India, in 465 districts there is no family court," he said emphasising that the Family Courts Act is a very benevolent and good legislation to protect the family. The CJI voiced his concerns over the mounting backlog of cases. "The cases pending are about 3.58 crore in the subordinate courts. In the Supreme Court, we have got 49,000 cases. In High Courts, I think nearly 36 lakh cases are there with one High Court alone accounting for eight lakh cases he said.

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