Mumbai: The Bombay High Court has criticised an additional sessions judge for using the word “handicapped” to express his frustration over having to deal with a heavy caseload every day.
On April 24, the sessions judge granted a stay on some of the cases and adjourned the hearing of certain applications in the case, observing that he was “handicapped” since there were around 99 cases listed before him on that day.
The high court, while acknowledging the fact that most courts are flooded with cases, said that the language used by the sessions court judge in the April 24 order was unacceptable.
“The tone and tenor of the language is unwarranted and unacceptable, in the sense, the Judicial Officer should not have expressed his frustration and inability by using the words “handicapped” as well as non-inclination to grant stay,” Justice Prithviraj Chavan said on June 20.
The judge added that every court has a heavy caseload. “It is of common knowledge that almost every Court is flooded with cases which does not mean that in genuine and proper cases also such reasons are given,” Justice Chavan added.
The sessions judge order stated that he had 99 cases listed for hearing that day. And in a specific case in which stay was granted, there were 12 applications. Of those 12 applications were added, then he would have 111 cases listed for hearing.
The sessions judge said he was not inclined to grant a stay but eventually granted the stay in view of the heavy caseload, although it was contested by the opposing counsel. The case was then adjourned to till June 12, noting that he was “handicapped”. One of the petitioners, Godrej Projects Development, challenged this before the high court.
The HC, on June 20, directed the sessions judge to decide expeditiously on 6 out of the 12 applications that were deferred for hearing till June 12 (the cases were still not decided before the sessions court on June12). The applications have to be decided within four weeks. The HC has kept the matter on July 22 for checking compliance of its order.
