Orissa High Court annual report can be a good template for others, says retired Justice C Muralidhar

The Orissa High Court publishing its first-ever annual report in 2021, providing insights into the grim state of the state's judiciary.

ByAjay Tomar

Published Oct 07, 2023 | 7:48 PMUpdatedOct 07, 2023 | 8:06 PM

Former Orissa High Court Chief Justice S Muralidhar at Dakshin Dialogues 2023 in Bengaluru on Saturday, 7 October, 2023.

Former Orissa High Court Chief Justice S Muralidhar, while speaking about the “greater transparency” in the Indian judicial system said the 2021 Odisha annual report — a first of its kind — could be a good template for other courts to follow.

Muralidhar was in conversation with senior advocate Sanjay Hegde on “Judiciary — Executive relations — and tensions”  at Dakshin Dialogues 2023, the annual flagship thought conclave of South First, in Bengaluru on Saturday, 7 October.

In 2021, the Orissa High Court set a precedent by publishing its first-ever annual report, providing a stark insight into the grim state of the state’s judiciary.

The report was made available online last week and highlights a series of deeply concerning issues plaguing the justice system in Odisha.

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The report’s effects

The Orissa High Court annual report was said to have pointed to several problems plaguing the judiciary, including a concerning “docket explosion,” a lopsided distribution of cases among district judges, and the unavailability of witnesses.

It also apparently pointed out the disappearance of suspects facing trial and the non-implementation of a 2018 Supreme Court judgment that restricts the duration of stays on cases to a maximum of six months.

These factors collectively contribute to a significant backlog of pending cases within Odisha’s district courts.

While acknowledging that the rise in case filings reflects the public’s trust in the judiciary, the report brought to the fore the immense challenges that this surge poses.

The annual report was seen as not only delving into the issues but also presenting financial data detailing the judiciary’s expenditures in 2021.

Additionally, it is said to have outlined various administrative initiatives aimed at reducing the backlog in district courts and describes efforts to leverage technology for the better administration of justice.

A specific chapter in the report, titled “Introspection and Challenges”, meticulously analysed the factors that contributed to the judiciary’s underperformance when compared to expectations. This critical self-assessment was seen as a remarkable step towards transparency and accountability within the justice system.

Related: Dakshin Dialogues panellists call for public debate on delimitation

Lowest courts need attention

Speaking about the independence of the judiciary, Muralidhar pointed out, “Courts at lowest rung need an independent judiciary the most, and they are the ones that mostly miss our attention.”

“I remember a magistrate was beaten up by policemen over a judgement. So if at the lower levels, a magistrate could not work independently, there is a serious mistake we are making while the hierarchy goes on,” he explained.

He added that it was unfair to only talk about the functioning and independence of high court and Supreme Court judges.

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Dakshin Dialogues

Dakshin Dialogues is South First‘s annual thought conclave that brings together South India’s biggest political and judicial minds, and social activists, on one stage.

While federalism was the primary theme of last year’s event, it is the core of each session this year, too, as South First continues to focus on the other half of the India story.

Dakshin Dialogues 2023 is seeing the likes of Vidadala Rajini, Khushbu Sundar, Shashi Tharoor, Palanivel Thiaga Rajan, Dinesh Gundu Rao, and many others, discussing delimitation, the Southern model of governance, and much more. Let the dialogues begin!

Watch the full event here: https://www.youtube.com/watch?v=RI7PiM5KFJI