Shortage Of Judges Leading To Overflowing Dockets, Delayed Appeal Adjudication: Delhi High Court [READ ORDER]

Shortage Of Judges Leading To Overflowing Dockets, Delayed Appeal Adjudication: Delhi High Court [READ ORDER]

The Delhi High Court, functioning at only 60% of its sanctioned judicial strength, has flagged serious concerns over its ability to deliver timely justice due to a mounting backlog of cases. 

In a recent order dated April 25, the court highlighted “overflowing dockets” and admitted it is “unable to decide” appeals within a reasonable timeframe.

Justice Girish Kathpalia, addressing the acute shortage of judges, remarked that the chronic understaffing has made it impossible to conclude even regular matters by the end of the court day. Instead, several matters remain unheard, often for over five days, causing distress for litigants and judges alike.

The India Justice Report 2025 by Tata Trusts reveals that Delhi ranks lowest among states in terms of the judge-to-population ratio. The Capital has fewer than one High Court judge for every 10 lakh people, far below the national benchmark. The HC currently has only 36 sitting judges against a sanctioned strength of 60.

Mounting Pendency

Data from the Delhi High Court shows a worrying increase in the number of pending cases. As of March 31, 2025, the total pendency stood at 11.8 lakh cases. The most significant increases were seen in criminal cases and civil writ petitions:

Category of CasesPendency on Mar 1, 2025Pendency on Mar 31, 2025Cases InstitutedCases Disposed
Civil writ petitions33,32333,6481,5121,187
Civil cases (Appellate side)30,13130,019935957
Tax appeals & references2,4102,3794778
Original side cases17,51217,45688144
Criminal side cases33,16633,7571,760669
Criminal original side cases1,1841,188646213
Total1,17,72601,18,0004,9884,248

The report underscores that despite efforts, the number of cases instituted in March outpaced disposals — increasing the overall pendency. This imbalance was primarily driven by a surge in criminal cases.

Impact on Case Hearings

Justice Kathpalia was hearing a plea from Mukesh Kumar Gupta, an accused in a CBI case seeking permission to travel abroad. The CBI raised objections, noting that Gupta’s bail had been suspended previously, and termed his request unjustified. The court acknowledged the petitioner’s right to leisure but declined relief due to the “overflowing dockets.”

The HC emphasized that regular matters are rarely taken up on schedule, as urgent cases and fresh matters dominate the day’s list. Judges have resorted to issuing advance cause lists to plan their caseload more efficiently. Additionally, some judges hear fixed-time matters or prioritise urgent hearings, further squeezing time for regular listings.

Urgent Need for Systemic Reform

The chronic shortage of judges continues to cripple the Delhi HC’s efficiency. Justice Tara Vitasta Ganju has institutionalised a system where regular hearings take place every Thursday at 3:30 p.m., yet this is not enough to manage the backlog.

In response to the crisis, a PIL has been filed by advocate Amit Sahni, seeking urgent judicial intervention to fill vacant judge positions and improve the judicial appointment system.

As the judiciary struggles under the weight of an increasing caseload and dwindling resources, the call for comprehensive reform in judicial staffing and infrastructure grows louder — essential steps to ensure access to timely justice in the nation’s capital.

Case Details

Case Title: MUKESH GUPTA Versus CBI

Case No.: CRL.A. 535/2019

Date: 25.04.2025

Counsel For Petitioner: Vikas Arora

Counsel For Respondent: Ripudaman Bhardwaj

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