Delhi HC Highlights “Overflowing Dockets” due to Shortage of Judges, Calls for Comprehensive reform in judicial staffing [Read Order]

The Delhi High Court highlighted the “overflowing dockets” due to a shortage of judges and comprehensive reform in judicial staffing as the court admitted that it is “unable to decide” appeals within a reasonable timeframe.

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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.

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Mukesh Kumar Gupta, the applicant/appellant, seeks permission to travel abroad from 01.05.2025 to 11.05.2025 in order to attend a club assembly of Rotary Club, to be held in Almaty, Kazakistan and Georgia. It is contended on behalf of applicant/appellant that attending the said programme is vital for him from the angle of his social ties and business growth. The application is strongly opposed by the respondent/CBI solely on the ground that if allowed to leave the country, the applicant/appellant would not return to face sentence, which has been suspended by the predecessor bench while admitting the appeal.

The HC underlined that urgent cases and new matters take up the majority of the day's list, meaning that ordinary matters are rarely brought up on time. In an effort to better manage their caseload, judges have turned to publishing advance cause lists. In order to further squeeze time for regular lists, some judges also hear matters at set times or give priority to urgent hearings.

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The Delhi High Court's effectiveness is still severely hampered by the ongoing judge deficit. Although Justice Tara Vitasta Ganju established a system in which hearings are held on Thursdays at 3:30 p.m., this is insufficient to control the backlog. Advocate Amit Sahni has filed a Public Interest Litigation (PIL) in response to the situation, requesting immediate judicial intervention to enhance the judicial recruitment process and fill open judge positions.

The need for significant reform in court staffing and infrastructure is becoming more and more pressing as the judiciary suffers due to a growing workload and diminishing resources. These changes are necessary to guarantee that the nation's capital's citizens have timely access to justice.

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A single bench of  Justice Girish Kathpalia observed that “On account of the acute shortage of judges as compared to the general population and the litigation quantum, for past long time, the list of regular matters does not reach till end of the day of hearing. Rather, many a time even beyond 05:00 pm when the Courts rise for the day, some of the matters remain unheard, which is extremely painful for the judge.”

The application is allowed, and the applicant/appellant is permitted to travel abroad to Almaty, Kazakistan and Georgia during the period from 01.05.2025 to 11.05.2025, subject to his furnishing a personal bond in the sum of Rs. 5,00,000/- with one surety in the like amount to the satisfaction of the Registrar General of this Court and also subject to the condition that on or before 12.05.2025, the applicant/appellant shall return to India and shall place on record copy of his passport reflecting his travel within one week of his return. 

To Read the full text of the Order CLICK HERE

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