As a part of the Rule of Law Project, Ramya and I were assigned the task of doing something which had never
been done before. 24 High Courts, about 2000 different case types (each case
is classified into a particular type by the Court. For example, a case which
deals which contempt is usually classified as a contempt petition. There is a
high degree of variance in this nomenclature as different High Courts may
assign different names/case types). Standardising these case types across the
24 High Courts in India and coming up with one comprehensive list which would
cover all the High Courts. Each of the 24 High Courts have a few common case
types and several uncommon ones. This exercise looked to make a single table to
see, for example, what a Writ Petition would be named across the 24 High Courts*.
Seems manageable? Read on and you will see how this task can make understanding
Christopher Nolan’s movies seem simpler.
The task began with
extracting the different case types from the websites of the respective High
Courts. While the popular High Courts, such as Bombay, Delhi, Madras,
Karnataka, Gujrat had the expansions of case types, a few others like Andhra
Pradesh, Gauhati, Tripura, Meghalaya did not have the expansions readily. The
expanded case types are indispensable in such an exercise as a ‘Co. Pet.’ can
be read as a Company Petition as well as a Contempt Petition and an ‘Appl.’ and
‘Apl.’ can be read as an application or as an appeal and a ‘Rev.’ can be read
as review as well as a revision. About
80% of the expansions of case types readily available and about 10% were on a
scanned page which had been uploaded as a part of the High Court Rules of the
respective states. For the rest of the states, such as Jammu and Kashmir which
did not have the case types nor the expansions, we had to visit the cause lists
(every court lists out cases which to be heard on that particular day) of those
High Courts for about a week daily and extract and expand the case types. While
most of the High Courts had the expansions of case types readily and some as a
part of the rules, High Courts such as Jammu and Kashmir did not feel the need
to put them up anywhere.
After the mammoth
exercise of finding the different case types of the 24 High Courts, it was time
for the real deal. As Bombay had the highest number of case types, it was
chosen as the base list with which the case types of other High Courts would be
matched. At this point we noticed some expected similarities as well as many
glaring differences in the case types. This trailer showed us that the ride was
going to be a super bumpy one. Here are a few instances of the vast variance in
the case types of various High Courts.
Variance 1: Let’s take
something as simple as a Public Interest Litigation (PIL) to start off with. A
few courts decided to have them under the case type of Writ Petitions, the
others decided to have a special case type for them, named mostly as ‘PIL’.
Some High Courts such as the Bombay High Court went a step further and had a
‘Criminal Public Interest Litigation’ case type as well, other than the ‘Public
Interest Litigation’ type.
Variance 2: Some courts
had a case type for bail application, many others did not even have a separate
case type for bails! While Uttarakhand had first, second, third, fourth, fifth
and a sixth case type for bail applications.
Variance 3: While only
Calcutta and Bombay had a special case type for BIFR (Board for Industrial and
Financial Reconstruction) cases, none others had a special case type for it.
Variance 4: Orissa had 3 specific
case types for Matrimonial related matters [MATA-Matrimonial
Cases (Appeals), MATCAS-Matrimonial Case (Suits/Petitions), MATREF-Matrimonial
Case (References) and MREF-Matrimonial Reference] while many High Courts did
not even have a different case type for matrimonial matters. Gujrat had a
special case type for petitions under the Christian Marriage Act and Bombay for
Parsi Matrimonial Matters, but none of the other courts reflected anything remotely
close.
It was heartening to see that there was uniformity
in case types relating to Arbitration, Company and Contempt matters. The entire exercise
showed us how incoherent the case types of various High Courts are. This
exercise lasted a little over 3 weeks, with myriad calls/mails to members of
the legal fraternity all over the country and many disturbing dreams while
asleep on the intricacies of the high degree of variance.
Matchmaking is hard,
isn’t it?
*For convenience, each High Court has
been referred to by the name of the state/city mentioned in its actual name.
Nowadays many people are approaching lawyers for small indifferences. They are getting connected through divorcee matrimonial website.
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