Introspection

Introspection results in improvement. It is the mirror which reflects the achievements and drawbacks. For such reason, a whole chapter on “Introspection” is consciously made part of the annual report published every year.

Looking back at the year gone by, it becomes evident that while sincere efforts were made in terms of case disposal and infrastructure development, considerable challenges still remain. Given below is an honest attempt to highlight the above.

Challenges

Judge-population ratio

As against pendency of 1,46,320 cases in the High Court, there are presently 19 Judges against the sanctioned strength of 33 Judges. No judges were appointed in the current year and the strength of Judges was reduced from 21 to 19 due to transfer, superannuation etc. The per Judge caseload at present is 7701 cases.

So far as the District Courts is concerned, there were 799 Judicial Officers at the beginning of the year 2024. During the year 11 Judicial Officers superannuated and one Judicial Officer expired. 54 Judicial Officers in cadre of Civil Judge (Junior Division) joined the service due to fresh recruitment. The per capita caseload was 2284 cases at the end of the year.

The judge-population ratio is 1 : 48,807 (Total No. of Judges/Total population).

Docket explosion

The total pendency of cases (both Civil and Criminal) was 18,73,312 at the beginning of 2024, which increased to 19,20,825 at the end of December 2024.The total pendency of civil cases at the beginning of the year 2024 was 3,40,242 and it came down to 3,16,057 at the end of December 2024 with 121.92% CCR (Disposal/Institution x 100). However, the cases in criminal side increased from 15,33,070 at the beginning of the year 2024 to 16,04,768 at the end of December 2024 with 85.54% CCR.

81,104 civil cases were instituted in 2024 and 98,776 cases were disposed of. In the criminal side, 4,18,016 cases were instituted in 2024 and 3,57,576 cases were disposed of. The high institution of criminal cases is due to filing of 42,819 cases under the Motor Vehicles Act. As such, 100% or more CCR could not be achieved in the criminal side. However, despite all odds, the judgeships of Jharsuguda, Kalahandi, Mayurbhanj, Nabarangpur, Nuapada, Puri, Sambalpur and Sonepur have achieved more than 100% CCR.

1,57,593 judgments (Civil and Criminal) have been delivered till December 2024 in comparison to 1,44,103 judgments delivered in 2023.

Loss of court working hours

Loss of court working hours is one of the important factors contributing delayed justice. In the year 2021, 25 working days were lost in the High Court due to reasons such as, abstention from court work on strike by lawyers and suspension of court hours due to death of their colleagues and other issues and demands. The corresponding figure of loss of working days due to the above reasons is 15.69 for the District Courts.

In 2022, 3118 working hours (reference – 1,537; leave /official tour = 1,395 and Covid-19 – 185) out of 23,736 working hours were lost in the High Court. [Working hour =Total working hour per day (5 hours 15 minutes) x No. of working days x working strength of Judges]. Likewise the cumulative loss of court working hours of the District Courts during 2022 was 2,22,447, primarily due to cease work, picketing and strike by lawyers. [Working hour =Total working hour per day (6 hours) x No. of average loss of working days xaverage working strength of Judicial Officers in the State]

The loss of court working hours was 2009 hours in High Court in 2023 and 19.37 hours in the District Courts. In 2024, the loss of court working hours in High Court is 1644.875 hours and in District Court it is 55.275 hours.

Disposal of year old cases

Pendency of year old cases is a headache for the system. 4,637 cases in the category of 25- 40 years old were pending at the beginning of the year 2023 which was reduced to 2,169 at the end of the year 2023, which was further reduced to 1,984 at the end of December 2024.

Similarly, 32 cases in the category of 40 years old was pending at the beginning of 2023, which was reduced to 26 at the 2023. However, pendency of 40 year old cases has increased to 36 at the end of the year 2024.

The pendency of more than 25 years old cases is being monitored by the Administrative Judges monthly. Besides, these cases are also monitored by the State Court Management System (SCMS) Committee of the Court in conformity with the directions of the Supreme Court of India imparted in Action Plan for Arrears Reduction in District Judiciary (APAaR-DJ). The pace of disposal of year old cases has however been better.

Various steps are being taken to lessen the burden of the year old cases. Virtual interactions at regular intervals are being held with the district judiciary to monitor the progress of the year old cases. Targets are fixed on the quarterly statistical files. Discussion is held in the District Judges Conference on the ways and means for enhancing disposal of year old cases and instructions are imparted. The Administrative Judges also hold interactions with the judicial officers at the time of inspection of District Courts and at regular intervals and targets are fixed for the Judicial Officers to prioritize the targeted year old cases for time bound disposal.

Non-execution of Warrants

One of the conventional challenges facing the District Judiciary is long abscondence of accused persons, which predominantly lingers the cases for years together. Fortunately, technology has come to the rescue in the form of Warrant Management System (WMS) in collaboration with the State Crime Records Bureau (SCRB), Govt. of Odisha, Bhubaneswar. In the first phase WMS was piloted in seven judgeships- Angul, Balasore, Khurda, Ganjam, Koraput, Rourkela in the judgeship of Sundargarh and Sambalpur. On its success, it was extended to other twenty three judgeships. By dint of the WMS portal, it is now possible for the district courts to instantly transmit bailable warrants (B.W.), non-bailable warrants (N.B.W.), distress warrants (D.W.) and warrants for the recommitment of convicts to police stations across the State. It rules out possibility of misplacement of warrants and provides scope for real-time tracking of warrants issued to police stations. The most significant aspect is that the warrant issuing courts and the executing agency i.e. police can monitor the progress of execution of warrants. As at the end of the year, 2024, 13420 warrants have been issued, out of which 1,874 warrants have been executed, 911 warrants were recalled and 10,635 warrants are yet to be executed.

Infrastructure

In order to meet the requirement of the present and future, massive expansion of Judicial Infrastructure is the need of the hour for smooth functioning of Courts in the State. In recent years, significant attention has been directed towards enhancing the infrastructure of the district judiciary, which includes the development of accessible court complexes and suitable residential facilities for judicial officers and staff. In 2024, the New Judicial Court Complex at Bhubaneswar, three Taluk Court Buildings and one Vulnerable Witness Deposition Centre-cum-Virtual Court and construction of ten residential quarters for judicial officers have been completed.

Besides, foundation stones for 79 new projects were laid.

To ensure consistency in the design of residential and non-residential buildings of the judiciary throughout the state, Model Plans for the construction of Taluk Court Buildings, Bar Association halls-cum-Canteens, Residential Quarters for Judicial Officers and Staff and Transit Houses have been formulated and adopted.

In order to address the financial requirements for the ongoing and new infrastructural projects of the district judiciary of the State, budget allocations are being made under two distinct schemes: the Centrally Sponsored Scheme (CSS) and the State Sector Scheme (SSS).

Centrally Sponsored Scheme (CSS)

Centrally Sponsored Scheme (CSS) has been introduced and implemented by the Government of India since the financial year 1993-94 for infrastructural development of the Judiciary to augment the resources of the State Government. Recently, the Central Government has extended the Scheme till the F.Y.-2025-26. The Government of India has implemented the SNA-SPARSH Model for Just-in-Time release of CSS funds and the High Court of Orissa has been onboarded in the SNA-SPARSH platform for the scheme viz. development of infrastructure facilities for judiciary.

Under the CSS, the fund sharing pattern is in the ratio of 60:40 between the Centre and the State as far as the State of Odisha is concerned i.e. 60 % of the funds are to be provided by the Central Government while the commensurate State share of 40% to be provided by the State Government.

Construction of Lawyer Halls, Digital Computer Rooms, Toilet Complexes besides Court halls & residential units for Judicial Officers have been incorporated in the Action Plan of the CSS in 89 projects adhering to the guidelines of letter No. J-11017/01/2017/e-file 4175 or 2314 dated 19.08.2021 of the Ministry of Law & Justice (Department of Justice), Government of India.

Funds to the tune of Rs.52.80 Crore (Rs. 31.68 Crore as Central Share + Rs. 21.12 Crore as State Share) have been allotted under the CSS during the 1st Quarter i.e. January, 2024 to March, 2024 of the calendar year, 2024. During the next two quarters i.e. from April, 2024 to September, 2024, funds to the tune of Rs. 57.4667 Crore (Rs. 34.48 Crore as Central Share + Rs. 22.98667 Crore as State share) have been allotted under the CSS.

Further, funds to the tune of Rs.8,33,33,333/- (Rs.5,00,00,000/- Central share (mother sanction) + Rs.3,33,33,330/- State share) have been sanctioned in the fourth quarter of the calendar year, 2024 under the CSS in SNA-SPARSH model.

State Sector Scheme (SSS)

The funds are being provided every financial year under the State Sector Scheme (SSS) for infrastructural Development of the State Judiciary, which are fully funded by the State Government.

Rs.406,00,00,000/- (Rupees Four Hundred Six Crore only) have been allocated by the State Government in the annual budget for financial year, 2024-25 for the purpose of infrastructure development of the High Court and District Courts. In addition to this, Rs. 40,01,00,000/- (Rupees Forty Crore One Lakh Only) has been proposed to be sanctioned in favour of Judiciary in the supplementary budget for the FY, 2024-25.

Further, during 2024, 150 new projects for the district judiciary have been accorded administrative approval by the Government of Odisha, Home Department under the scheme.

Repair/ Renovation/Improvement and Maintenance of buildings pertaining to the District Judiciary

The State Government has allocated Rs. 90,00,00,000/- (Rupees Ninety Crores) for repair/ renovation/improvement of the infrastructure of the District Judiciary of the State in the financial Year 2024-25. Details of the allocation of funds to the respective Executing Agencies for completion of approved revenue outlay projects till the end of December, 2024 are:

In 2024, High Court has approved 857 revenue outlay projects for District Judiciary, out of which 340 are non-residential & 517 are residential projects. Following agencies will execute the work:

These steps are expected to enhance efficiency of the judiciary by providing better and efficient working conditions for stakeholders. What is intended to convey is

Judiciary is conscious of its accountability and has been constantly striving with all sincerity to fulfill its constitutional obligations despite the challenges.