Justice Abhay S Oka of the Supreme Court has raised significant concerns regarding the backlog of cases, inadequate judicial infrastructure, and the plight of undertrial prisoners. Speaking at an event organized by the Supreme Court Advocates-on-Record Association at Bharat Mandapam, he emphasized the need for reforms to bridge the gap between the judiciary and citizens.
Justice Oka highlighted the neglect of trial courts over the past 75 years, referring to them as the most accessible courts for the common man. He pointed out that calling them “subordinate” or “lower” courts has contributed to this oversight. The staggering backlog of 4.54 crore cases, with 25-30% pending for over a decade, raises concerns about the efficiency of the system.
“For 75 years, we committed one fundamental mistake—we neglected our trial and district courts by describing them as subordinate/lower courts.”
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Justice Oka firmly stated that it is not for the judiciary to declare that people have faith in the system; rather, it should be a sentiment expressed by litigants and citizens themselves.
“If we have a backlog of 4.54 crore cases, can we still believe that the common man has great faith in this institution? We must acknowledge our flaws and deficiencies.”
Justice Oka acknowledged the rise of judicial criticism in electronic, print, and social media. Unlike in the past, when critiques were confined to courtroom corridors, today’s digital landscape amplifies concerns. He stressed that constructive criticism should be welcomed as a means for improvement, as long as it does not amount to contempt.
Matrimonial disputes contribute significantly to the backlog. If not resolved early due to family pressures, each case can lead to multiple litigations at various levels, ultimately reaching the Supreme Court in the form of appeals and transfer petitions.
“At various levels, efforts are required; otherwise, this system will bring down the judiciary one day.”
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A stagnant judge-to-population ratio exacerbates case pendency. Justice Oka stressed that merely creating judicial posts is insufficient—adequate courtrooms, staff, and technological support are necessary.
“Unless we increase the judge-to-population ratio, we may still be talking about pendency even on the completion of 100 years of the Constitution.”
Justice Oka expressed concern over prolonged incarceration due to delayed bail decisions. Many undertrials, after spending years in prison, are eventually acquitted due to a lack of evidence.
“One issue is why no bail in obvious cases. There are cases where bail is denied, and trials take years. After a decade of incarceration, the court may acquit the accused due to a lack of evidence. What about the suffering of their families?”
He warned that one day, a litigant will challenge the judiciary, questioning why they were imprisoned for years despite insufficient evidence.
The justice delivery system also fails to adequately protect victims, complainants, and witnesses. Many witnesses are summoned repeatedly without proper compensation or protection.
“There is no real protection for witnesses. What kind of allowances are paid to them?”
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Justice Oka pointed out the poor state of judicial infrastructure, particularly in labor and industrial courts. He criticized the inadequate cross-examination of eyewitnesses by legal aid lawyers, which may lead to wrongful convictions.
“Because of the neglect of legal aid lawyers, we may be convicting people against whom there is no real evidence.”
He advocated for assigning one Public Prosecutor per court to ensure fair proceedings, as currently, one prosecutor often manages multiple courts.
Justice Oka criticized frequent adjournments and abstentions by lawyers, stating that these actions severely impact justice delivery. If even a few High Court benches face lawyer abstentions, hundreds of bail matters get delayed for months.
“Lawyers’ abstention from court work is plainly criminal, considering the loss caused to litigants.”
Concluding his address, Justice Oka urged both the judiciary and the Bar to ensure that precious court time is not wasted. Judicial efficiency and accountability must be prioritized to restore and strengthen the common man's faith in the system.
