Darjeeling, March 25: More than 550 cases are gathering dust in courtrooms here as four of the seven courts in Darjeeling have been without judges for periods ranging from six months to one-and-a-half-years.

To make matters worse, chief judicial magistrate (CJM) S.S. Anand has also been transferred out of Darjeeling last week. Although this post is likely to be filled soon, the fate of the other four courts looks bleak, said lawyers. Appointments of judges are done by Calcutta High Court.

According to a compilation made by The Telegraph, 560 cases are pending in the four courts (see chart).

The district and sessions’ court does have a judge, but the three additional ones — the first, second and third court — have been vacant for more than a year.

The lawyers said the three additional courts are important for speedy disposal of cases, especially given the huge workload of the district and sessions’ judge, Barun Chandra Pal.

The district and sessions’ court is an appellate forum (where appeals can be made against judgments of lower courts of the entire district). It also has original jurisdiction (where cases are filed directly to this court) regarding motor accident claims, matrimonial suits, guardianship certificates and land acquisition compensation.

The district and sessions’ judge has to look into the administrative affairs of all the courts in Kalimpong, Kurseong, Darjeeling and Siliguri as well.

Under usual circumstances, the district and sessions’ judge delegates almost all the cases, except those involving guardianship certificates and bail applications, to the first, second and third court.

The only court functioning fully is that of the civil judge (senior division). However, judgments passed by the civil judge can also be appealed at the district and sessions’ court.

The CJM’s court, which deals with criminal cases, was functioning normally till the judge was posted outside the town. Moreover, the judicial magistrate’s court, where cases delegated by the CJM are heard, has also been vacant for more than a year.

The lawyers added that although murder cases are referred to the CJM at the time of investigation, once the police file a chargesheet, the judge “commits” the case to the district and sessions’ court for trial.

“A number of people are still languishing in jail without trial because of the absence of these judges,” said Poonam Kumar Sharma, the secretary of the Legal Aids Awareness Forum.

For example, the trials of eight accused are pending in the additional district and sessions’ court (third). The cases of two others, who are also in jail, are pending at the judicial magistrate’s court.

Amar Lama, the president of the Darjeeling Bar Association, said: “We have recently written to the assistant secretary of the Bar Council of West Bengal apprising him of the situation and of the harassment faced by litigants.”