Only artificial intelligence can alleviate the burden on courts

The staggering number of pending cases in various courts across the country has exceeded 5.2 crore. District Courts are inundated with over 85% of these cases, while High Courts and the Supreme Court also contend with a significant number of unresolved cases. Over 180,000 cases have been pending for more than 30 years. Land and property disputes account for 20% of all pending cases and 66% of all civil cases. The number of cases is likely to rise in the coming days for various reasons. The reality is that as long as technology, particularly Artificial Intelligence (AI), is not utilised, incidents of fraud, cheating, false cases, and even legitimate cases will continue to escalate. According to a report published by Niti Aayog in 2018, at the current disposal rate, it would take more than 324 years to clear the backlog.

According to a report published on 13th May in the Hindustan Times, a case of forgery has emerged. In this case, the Supreme Court has withdrawn its ruling in a land dispute after it was brought to its attention that the favourable verdict was obtained through a fabricated settlement and a "ghost" respondent.

On 13 December 2024, the Supreme Court quashed the orders of a Muzaffarpur trial court and the Patna High Court, which were based on a purported compromise agreement between the petitioner and the respondent. However, it was discovered that the supposed respondent was an impostor, and the real respondent was unaware of the proceedings, only learning of the order five months later. He promptly approached the Supreme Court through his lawyer, alleging that the order had been obtained through fraud, deception, and the suppression of material facts.

The petitioner in the case has not only violated legal and ethical norms but has also perpetrated fraud upon the court, which, if not rectified, will embolden such mala fide litigants to continue their deceitful practices, according to the plea. Notably, the original order recorded the appearance of four advocates for the fictitious respondent. However, during a new hearing, a lawyer representing an advocate who had previously appeared informed the bench that he is 80 years old and has not practised law recently.

This situation further underscores the importance of employing Artificial Intelligence (AI), which will aid in identifying cheating, fraud, and forgery by both advocates and litigants. For instance, AI can meticulously adjudicate cases involving land compensation, chalan, and cheque bouncing. Through the proper use of AI, the number of cases could be reduced by more than 50 per cent in under six months.

 

SCBA must organise a farewell for Justice Bela Trivedi before she formally retires

 

 The SCBA's failure to organise the customary farewell party for Justice Bela M. Trivedi on her last working day brings the SCBA's malaise to the forefront. It must be condemned in the strongest possible terms by everyone. She is one of the few judges who have risen from the ranks to the top court through hard work, diligence, honesty, and commitment. She will retire in June, when the courts will be closed for the summer holiday. Therefore, May 16 was her last working day. She would not hold court for the remaining days in May, as she would be away in a foreign country to attend a family function. 

SCBA has not provided any explanation, much less a plausible one, for its failure to organise the farewell party. Since Kapil Sibal has been the President of the SCBA for many terms, he was at least expected not to politicise the matter. Rumours abound that she was the Law Secretary in Gujarat when Shri Narendra Modi was the Chief Minister, but that could not be a reason for not honouring her with a ritualistic farewell party. She was not appointed to her position based on political affiliations. If this were the reason, many judges would never have been elevated to the bench because they were cardholders of certain political parties. 

Justice Baharul Islam, a staunch communal person, was a Member of the Rajya Sabha before being appointed to the Gauhati High Court. His appointment to the Supreme Court shortly after retiring from the High Court was also very controversial. M. Fathima Bivee was appointed to the Supreme Court many months after she retired from the High Court. Later, she became the governor of Tamil Nadu, which is a political post.  

An illustrious Justice V.R. Krishna served as a Minister in the Namboodiripad government of Kerala before serving as a judge in the Supreme Court. Justice Koka Subba Rao resigned three months before his retirement to contest the presidential election. Justice Mohammad Hidayatullah's brother, Mohammad Ikramullah, was the first foreign secretary of Pakistan who pressured his brother to shift to Pakistan, but there was no ill will against him. Justice Hidayatullah served as the Chief Justice of India. He was also the Vice President of India and acted as the President of India on multiple occasions. 

Justice K.S. Hegde was a member of the Rajya Sabha before his appointment to the Supreme Court. Later, following his supersession, he resigned and contested in the Lok Sabha election to become the Speaker of the House. Many have served as active politicians and worked as judges in the judiciary. 

Since many of the SCBA members are politicians opposed to the current Narendra Modi government, they have exposed themselves to unethical behaviour towards a lady judge who is allegedly close to the current political dispensation. 

There is still time for the SCBA to feel remorse and organise a grand farewell for Justice Bela Trivedi before she formally retires in June. That would certainly be an exculpatory move for the SCBA; otherwise, posterity will never forgive or forget the present office-bearers.