Every judge in Mumbai has at least 5,000 cases in hand says High Court
The court was hearing a PIL filed by an engineer on pending litigations; a judge also remarked that no judge grants an adjournment without a reason……….Bapu Deedwania
The court was hearing a PIL filed by an engineer on pending litigations; a judge also remarked that no judge grants an adjournment without a reason……….Bapu Deedwania
No judge grants an adjournment without a reason, remarked a Division Bench of Bombay High Court on Wednesday. They were speaking of the shortage of magistrates, space and infrastructure which adds to the burden of courts.
The remark came on the PIL filed by Bandra-based engineer Anil Gidwani who had approached the HC, after his trial in a case of illegal car parking went on for three years in the lower courts. Gidwani, in his PIL, sought intervention of the HC to check the administration of magistrate courts and pending litigation.
Gidwani had parked his car near Cooperage ground at Churchgate on March 9, 2007 when he had to attend the city civil court. It was towed away. Since he refused to pay the fine for illegal parking, charges were framed against him under the Motor Vehicles Act, 1988. However the trial continued for three years and it was only in January this year that the HC directed that the trial of his petty offence be wound up in 30 days.
Arguing in person before the HC in his PIL Gidwani pointed out that the magistrates grant adjournments and hence trial is delayed. He pointed out, that in his case the magistrate adjourned the matter when only a few questions were remaining. There has to be a time limit for any case and citizens should be made aware of it, he said.
However, the Bench of Justices F I Rebello and Amjad A Sayed said that there is no decided time limit for a case. How can there be a time limit? they asked and added, There are reasons for which adjournments are granted. Sometimes witnesses are not present; sometime there is a problem at the lawyers end. Justice Rebello pointed out, No judge grants an adjournment without reason.
Gidwani in his argument pointed out that statistics with him showed there was no pendency at Esplanade court and yet trials were delayed. There are times when cases are transferred to another court when they are at the final stage. Sometimes judges are transferred and the case has to start all over. There are courts that are lying vacant for one and a half years, if all these factors are addressed then we can reduce pendency, observed Gidwani.
Justice Rebello countered this and said, To address pendency we require a minimum of 300 more magistrates. We have neither magistrates, nor the space, nor buildings or infrastructure. Every judge in Mumbai has at least 5,000 matters at hand.
Gidwani told the court that the magistrate who was hearing his case would come to the court an hour later than scheduled and would wind up the proceedings by 10. This was a regular practice. If these things are checked then pendency will reduce, said Gidwani who was asked for the name of the Judge by the Bench. They assured him that this matter will be looked into.
The matter will now be heard on April 27.
To address pendency we require a minimum of 300 more magistrates. We have neither magistrates, nor the space, nor buildings or infrastructure… Justice F I Rebello