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NAME:- SHIVAM YADAV; SAURABH MISHRA

SECTION:- B

ROLL NUMBER:- 126; 120

SEMESTE:- 3rd

COURT REPORT
1. We visited to the Allahabad High Court Lucknow bench, where we have seen
that there were many court rooms and the court proceedings were going on,
very first I visited to the court no. 1 that is the court of Honourable Chief Justice
Dhananjaya Y. Chandrachud and one other judge honourable Justice S.N.
Shukla were hearing the cases. The very first thing I observed there was a big
queue of advocates waiting for their turn , this shows that our Indian juidicial
system is over burden with cases, but it was very interesting to see that the
judges were hearing the all cases one by one without taking any break and with
utmost dedication. But the one thing I observed there was many cases came on
chief justice’s table after a long period of time, even one case came after 2
months of its last hearing, this shows that there is a lacuna why all cases are not
come on the table for hearing within proper time. I stayed at least half hour in
CJ court and finally when the court was overloaded with advocates crowd, we
were told to come out from the court, this shows that even an advocate can’t sit
in CJ court for watching the court proceedings then “how can a common man
can sit there and watch the court proceeding” ?
2. Afterwards we went to an another court, it was court number 7 where a
divisional bench was hearing the case and when I went there a very interesting
case was going on about a boy who eloped with a girl and was later charged
with rape and kidnapping, there I have seen that advocates from the both the
parties were arguing and one of the judge seems to be very strict not agree with
the arguments that the girl was minor as the medical examination has proved
that she is major, and finally the case was disposed for that day, meanwhile I
saw that here also the same queue was waiting for their turn, this is the
condition of Higher courts where generally cases comes after appeal then also
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they are overburdened with cases, we can imagine the number of pending cases
in lower courts.
3. After spending almost 45 minutes in two courts I got an opportunity to visit the
museum of lucknow high court, though it was very small but it has a very
invaluable things, like I saw the original copies of constitution and also the
Chauri Chaura case, there was equipments which were used by the chief justice
of Awadh high court at that time, and the very important thing I saw there was a
judgment of Ram Mandir case, I never came across such a long judgement
before in hard copy, it was consist of big and thick 6 register, I saw
Keshwanand’s bharti case judgment but it was very small as comapared to this.
4. Later I went to Criminal court where the proceeding of Rape case was going on
and the victim was there, I saw that the court was full as there was no single
seat was vacant and in front of this crowd advocate from opposite was asking
her very sensitive question, but this is the part of proceeding and I was thinking
that time that, how I would do this thing in future? But after overall the criminal
court was one of the best experience I came across that day.
5. The one more thing I observed there was that at least 25-30 cases are being
heard by every court rooms everyday and out of these 25-30 cases in 10-12
cases advocates are not well prepared even they are not aware of the facts of the
cases and this makes the proceedings delay and those cases are adjourned for
some other day, this shows the incapability of advocates instead of having huge
advocate crowd in the courts.
6. Somewhere I found that the ratio of number of judges and cases dealt with are
very uneven means number of judges are very less as compared to pending
cases, so it, is also one of the main important reason for delaying of disposal of
cases.
7. Above all bulletin points describes the ambience of within four walls of courts
but what I have seen outside the court was unfortunately very disturbing means
there are innumerable advocates are there but very few among those are
deserving for arguing that respectable court.
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SUGGESTION TO IMPROVE THE COURT SCENARIO

1. There must be full utilization of the court working hours. The judges must be
punctual and lawyers must not be asking for adjournments, unless it is
absolutely necessary. Grant of adjournment must be guided strictly by the
provisions of Order 17 of the Civil Procedure Code.
2. Many cases are filed on similar points and one judgment can decide a large
number of cases. Such cases should be clubbed with the help of technology and
used to dispose other such cases on a priority basis; this will substantially
reduce the arrears. Similarly, old cases, many of which have become
infructuous, can be separated and listed for hearing and their disposal normally
will not take much time. Same is 6 true for many interlocutory applications filed
even after the main cases are disposed of. Such cases can be traced with the help
of technology and disposed of very quickly.
3. Judges must deliver judgments within a reasonable time and in that matter, the
guidelines given by the apex court in the case of Anil Rai v. State of Bihar,
(2001) 7 SCC 318 must be scrupulously observed, both in civil and criminal
cases.
4. Considering the staggering arrears, vacations in the higher judiciary must be
curtailed by at least 10 to 15 days and the court working hours should be
extended by at least half-anhour.
5. Lawyers must curtail prolix and repetitive arguments and should supplement it
by written notes. The length of the oral argument in any case should not exceed
one hour and thirty minutes, unless the case involves complicated questions of
law or interpretation of Constitution.
6. Judgments must be clear and decisive and free from ambiguity, and should not
generate further litigation