Mumbai News: Bombay HC Turns Down Plea Seeking Priority Hearing for Senior Citizens

Mumbai: The Bombay High Court ordered a retired army officer to withdraw his Public Interest Litigation (PIL), which sought priority hearing for senior citizens in all courts in Maharashtra, stating that the petition was poorly researched.

A division bench comprising Acting Chief Justice Nitin Jamdar and Justice Arif Doctor commented that the petition filed by Captain Haresh Gaglani (Retired) resembled an article and highlighted the absence of necessary government departments as respondents to the PIL.

CJI's 1999 letter on priority hearing

Gaglani’s plea pointed out that in November 1999 the Chief Justice of India through a letter had granted priority to senior citizens in court hearings. In addition, the Registrar General of the High Court, in August 2009, had issued a circular granting priority hearing to senior citizens.

Despite the directions of the apex court and HC registrar, senior citizens are not being given any priority in the hearing in legal matters. This leads to grave injustice to senior citizens thereby causing extreme pain, distress and despondency in their minds.

The plea further states that the right of speedy trial for senior citizens was implicit under Article 14, 19(1)(a), and 21 of the Indian Constitution and also the Code of Civil Procedure.

Guarantee of equal justice meaningless if...

The guarantee of equal justice is meaningless if physically weak, mentally exhausted and socially fearful senior citizens cannot enforce their rights because of their debilities unless the Courts extend a generous and protective helping hand to them.

The plea sought that directions be issued to ensure that cases related to senior citizens are decided within 180 days of filing. Also, quasi-judicial and administrative orders be disposed of within 90 days of hearing.

It further sought that a fixed time be allotted for hearing senior citizens so they do not have to wait unnecessarily.