The Supreme Court on Wednesday indicated that a five-judge Constitution bench will examine the issue whether a National Court of Appeal with four regional benches, in south, east, west and north, is feasible or not.
A three-judge bench of Chief Justice T.S. Thakur and Justices R. Banumathi and Uday Lalit told attorney-general Mukul Rohatgi that the matter will be referred to a five-judge bench. The bench was hearing a writ petition filed by advocate V. Vasanthakumar for setting up of an NCA and four regional benches. The A-G sought time to file the government’s reply. However, in his oral submissions he had already made it clear that setting up of NCA with four regional benches is neither feasible nor desirable.
The A-G said the demand for four regional benches of the SC was considered by this court time and again and it was found not feasible as such benches will dilute the authority and jurisdiction of the apex court. The A-G said to say that NCA will ensure speedy justice is not correct.
Senior advocate K.K. Venugopal, who has been appointed as amicus curia to assist the court in his propositions, said: “With access to justice having been declared to be a fundamental right, would the said right stand denied to litigants due to the unduly long delay in the disposal of cases in the SC.” Would the SC sitting in benches in different parts of India is not an answer to solve this problem.
He said if four regional courts of appeal are established, each manned by 15 judges, this will satisfy the requirement of access to justice to all litigants from every part of the country.
He said in his view, with cases pending in the SC on an average for five years and in the high courts for about eight years and between five and 10 years in the trial court, would it not be part of the responsibility and duty of the Supreme Court to examine the issue Divesting the Supreme Court of 80 per cent of the cases of routine nature and recommending national court of appeal with regional benches will reduce litigation in apex court to 2,500 cases in a year as against 60,000 at present, he said. The case is listed for further hearing on April 25.
