Pendency is not arrears

"Stop blaming my brother judges for arrears in courts; not all pending cases are arrears,” stated Chief Justice Sarosh H. Kapadia spiritedly in defense of his colleagues before a distinguished audience at the inaugural function of the legal workshop series at Vigyan Bhavan in New Delhi on July 31, 2010. At the workshop on "Balance Sheet of 60 Years of the Administration of Justice under the Indian Constitution (1950-2010)” Kapadia pointed out that the much touted official data of arrears of three crore cases (as on October 2009) is incorrect, The Sunday Express reported on August 1, 2010.

Pointing out the difference between "arrears” and "pendency,” the Chief Justice noted "there are different parameters... If I admit a case today... this morning, it cannot be arrears. We need to dissect this three crore data. Arrears is not three crore but one crore.” Kapadia further divided arrears into two — "sticky” or complex cases and "subverted” cases in which one of the litigants delays the court’s proceedings. "Sixty-two percent of the cases shown as arrears in subordinate courts are one year old. Out of 40.6 lakh cases shown as arrears in high courts as of December 2009, only 22.7 lakh are arrears,” Kapadia explained, facts and figures at his fingertips, reported the newspaper.