UP govt may withdraw ‘petty cases’ to reduce backlog in trial courts
The petty offences that are to be identified for the purpose are ones that are compoundable (in which the offender has the choice to pay a fine to escape imprisonment) or reconcilable (in which two litigants can opt for an out-of court settlement) or offences in which the maximum imprisonment is less than three years.
The Uttar Pradesh government may identify and withdraw petty cases like ones related to violation of traffic rules in an apparent bid to reduce the mounting backlog in trial courts, people privy to the matter said.
“The law department has been asked to identify petty cases clogging the trial courts and put a proposal seeking their withdrawal to the cabinet,” those in the know of things in the home department said.
The petty offences that are to be identified for the purpose are ones that are compoundable (in which the offender has the choice to pay a fine to escape imprisonment) or reconcilable (in which two litigants can opt for an out-of court settlement) or offences in which the maximum imprisonment is less than three years.
“Such cases include traffic and police challans, power theft, cases registered by municipalities and development authorities and criminal offences of a minor nature,” they said.
They said such cases had been withdrawn in the past also in keeping with the Supreme Court’s observations and the expert recommendations aimed at reducing the pendency of cases in courts.
In UP, around 30 lakh new cases are said to be instituted in the subordinate courts every year and more than 30% of these cases involve petty offences.
“A significant number of these cases have become ineffective or can be resolved through mediation or reconciliation and they can be easily taken out of the courts, more so because they largely affect individuals and the society at large,” said those in the know of things, adding, “But these cases keep on dragging in the courts, adding to the backlog.”
In 2015, the Law Commission of India in its report on backlog of cases in courts had mentioned that certain cases like traffic and police challans required little judicial involvement and could easily be resolved by providing a better facility for paying fines on committing a traffic offence.
Sources said the Mayawati government too had begun an exercise during 2008-09 to identify and withdraw petty cases, acting on the directives of the then Congress-led government at the Centre but not much could be done then and the Akhilesh Yadav government too withdrew such cases in 2016.
