Yogi Adityanath government on mission to reduce average litigation period from 15 to 3 years
The move is in line with Prime Minister Narendra Modi’s call for steps by the state governments to lessen the burden of cases on courts.lucknow Updated: Jun 08, 2017 17:33 IST
The Yogi Adityanath government in Uttar Pradesh has decided to prepare a roadmap for quick disposal of ongoing court cases and avoid unnecessary litigation bogging down the government as well as the courts.
The UP government has directed all departments to take effective steps in accordance with parameters set in the state government’s litigation policy in this regard and made it clear that the aim of the exercise was to bring down average time period per case from the existing 15 years to a mere three years in the days to come.
- Appeals not to be filed for one sided or interim orders unless the order was not getting quashed and adversely affects the department/government.
- File appeals first in high court itself and only in exceptional circumstances the Supreme Court is to be approached.
- Administrative tribunals to adopt compassionate stance for small service related cases to help employee get justice at the department level itself.
- Appeals against orders of administrative tribunals to be filed only if clear anomaly exists in documents and the order is against the government, is against service rules or orders of the high court or Supreme court, affects government functioning regarding a service or could lead to large number of financial claims.
- Appeals to be filed in Supreme Sourt only if legal point is inculcated in them, general interest is getting affected, where justice is getting impeded, where a question is over a legal issue under constitution of India or where the high court has overstepped its jurisdiction etc.
It has also issued detailed guidelines with instructions for effective follow-up of pending cases in courts and avoid unnecessarily dragging cases lacking legal substance.
The move is in line with Prime Minister Narendra Modi’s call for steps by the state governments to lessen the burden of cases on courts, a senior official of UP law department said.
The official said principal secretary (law) Rangnath Pandey asked principal secretaries and secretaries of all departments to nominate senior departmental officers as nodal officers for effective follow-up of and disposal of pending cases in courts.
The missive dated May 31, 2017 categorically states that these nodal officers should be made responsible for quick disposal of cases.
The PM, in his address at the sesquicentennial celebrations marking 150 years of the Allahabad high court on April 2, had assured Chief Justice of India JS Khehar that his government will make all efforts to back Khehar’s resolve to the reduce burden on the judiciary and pendency of cases.
Earlier, Modi had also termed government as the ‘biggest litigant’ while stressing on the need to lessen the load on the judiciary which spends its maximum time in tackling cases where the government is a party.
The UP government has a total of 3.55 lakh pending cases at just the high court level, including 1,26,619 cases involving 96 out of 102 departments at the Lucknow bench of the Allahabad high court and another 2,28,346 pending cases involving 93 departments at the Allahabad high court.
The officials have been asked to ensure that false testimonies are avoided and proper legal points put forth in cases, besides ensuring that proper documents and legal stands are presented right at the start of filing of the cases to avoid delays.
The government has gone as far as to say that in cases of notices received, each case be studied and inquired closely and those found correct be accepted so as to avoid disputes at later stages.