Judicial Officer Shouldn’t Have Expressed His Frustration And Inability: Bombay HC While Acknowledging That Almost Every Court Is Flooded With Cases
The Bombay High Court observed that a Judicial Officer’s non-inclination to grant a stay by using the word “handy capped” to express his frustration and inability was “unwarranted and unacceptable.”
The Bench remarked that genuine and proper cases before the courts should not be given such reasonings, even though it was common knowledge that “almost every Court is flooded with cases.”
A Single Bench of Justice Prithviraj K. Chavan observed, “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.”
Advocate Shaini Punamiya represented the petitioners.
The petitioners brought attention to an order passed by the Additional Sessions Judge recently. The order's language and reasoning were submitted to be “quite strange” by the petitioners. The contentious order read:
“...The matter is heard long back. However, for paucity of the time the Court being heavily burden U newly established at Mazgaon. Therefore, as will todays total 99 matter reflected on daily board missing these twelve (12) matter (Six revision alongwith six Miscellaneous Application for stay which are not reflected otherwise the numbers of matters on todays board would 111 therefore, I am not desires to grant stay Got I am handy capped…”
The language used, particularly the words “handy capped” and the Judge's indication of his frustration and inability to grant a stay due to the Court’s flooding with cases, was deemed unacceptable by the High Court.
The Bench remarked, “Be that as it may. 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.”
Consequently, the Court directed the Judge to expeditiously decide the Revision Applications before him within four weeks from the date of the order.
Accordingly, the High Court adjourned the matter for further direction to July 22, 2024.
Cause Title: Godrej Projects Development & Anr. v. Zakir Ramzan Qureshi & Ors
