Bombay High Court Criticizes Judge For Using “Handicapped” To Express Frustration Over Heavy Caseload

The Bombay High Court recently criticized an Additional Sessions Judge for using the word “handicapped” to express frustration over heavy case load.

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.”.

The issue in question revolved around an order passed by the Additional Sessions Judge of the City Civil Court, Mumbai, on April 24, 2024. The petitioners filed a writ petition challenging the order passed in revision proceedings before the sessions court.

The petitioners' counsel highlighted that the Additional Sessions Judge passed a strange order. In the impugned order, the judge had stated that he had 99 matters to take up that day, apart from the 6 revision applications and 6 stay applications. The impugned order further read:

“I am not desires to grant stay Got I am handy capped. Therefore, though found those application has been strongly resisted by the ld. Advocate Shanvi Punamiya. However, I am inclined to grant stay to the ld. Trial Court proceedings delay till final disposal of revision and next date in the revision would be 12.-6.2021. Matter is adjourned to 12.06.2024 for hearing."

The high court remarked that while it is common knowledge that courts are overwhelmed with cases, such reasons should not be given in genuine and proper cases.

“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”.

Therefore, the court directed the learned Additional Sessions Judge to decide the six revision applications as expeditiously as possible and within four weeks from the date of the order:

The High Court further ordered that due compliance be reported to it on July 22, 2024, when the matter is scheduled for further directions.

Case no. – Criminal Writ Petition [Stamp] No. 12823 of 2024

Case Title – Godrej Projects Development and Anr. v. Zakir Ramzan Qureshi and Ors.