Cases Pending For Years, Introspection By Judiciary Necessary; Otherwise People Will Lose Faith: Kerala High Court Issues Directions To Registry

Commenting on the delay in adjudication of cases, the Kerala High Court recently observed that introspection by the judiciary is also necessary or otherwise, people will lose faith in the system.

The court directed its Registrar General and Registrar (Judiciary) to bring to the Chief Justice's notice the old writ petitions pending in different jurisdictions and take appropriate steps in accordance with his directions.

Justice P.V. Kunhikrishnan said some of the writ petitions are pending for about 20 years in the high court and blamed the Registry for "the sorry state of affairs". 

"I am forced to say that there are some latches on the part of the registry also for this sorry state of affairs. It is the duty of the registry to report before the jurisdictional roaster judge about the old cases, after getting permission from the Honourable Chief Justice. The jurisdictional judge may not be knowing about the old cases because in High court, the usual practice is that, once the cases are admitted, unless there is an urgent memo or a petition for an early hearing or other petitions for any directions, it will not be listed except for final hearing," said the court.

Justice Kunhikrishnan said there is a general grievance among lawyers also that the cases are not listed by the registry even after filing of 'urgent memo'.

"They even say sarcastically that the "urgent memos" filed are "committing suicide and disappearing". Some of the old writ petitions are misplaced and not located. It is the duty of the registry to locate the same forthwith or get orders to recreate the file. Registrar General and the Registrar (judiciary) will bring to the notice of the Hon'ble Chief Justice about the old writ petitions pending in different jurisdiction and will take appropriate steps in this regard as per the directions of the Hon'ble Chief Justice. Otherwise, people will loose faith in the judiciary" said the court.

Justice Kunhikrishnan made the observations while dealing with the case of co-operative bank employee who has been fighting against the financial institution for past 25 years "to show his innocence and to get his eligible claims".

"When the workman filed W.P. (C)No.23311/2010, he was 61 years of age. Probably he is in his 70's by now. This is the fate of a workman who is forced to contest cases for a major part of his life for his livelihood," said the court.

Advocate P. Ramakrishnan appeared on behalf of the petitioner workman in W.P. (C) No. 23311 of 2010, while the respondents therein were represented by Advocates M.P. Ashok Kumar, M.S. Narayanan, and N. Subramaniam. 

Case Title: M.K. Surendrababu v. Kodungalloor Town Co-Op Bank Ltd. & Ors. and other connected cases

Citation: 2022 LiveLaw (Ker) 609

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