Repeatedly Fixing Immediate Dates Shows Judge Trying To Overpower Defence Counsel: Calcutta High Court Requests Trial Court To Adjourn Hearing

“An Advocate who is predominantly practicing in High Court may not be able to appear on the date fixed by the Court. Therefore, a Judge must be amenable to adjustment of dates according to the request of the learned Advocate. At the same time, this Court also does not speak about such adjustment in each and every case. It is where the discretion of a Judge comes into play. Whenever we are talking about discretion, it must be judicious and not arbitrary. Fixing dates repeatedly immediately on the next date shows that the learned Judge trying to over power the learned defence Counsel putting him in some sort of trouble.”

The Court relied upon the view taken by Justice M. Hidayatullah in the case of R. Viswanathan & Ors reported in AIR 1963 SC 1 which held as below:

“the Judge is expected to be serene and even-handed, even though his patience may be sorely tried and the time of the Court appear to be wasted. This is based on the maxim which is often repeated that justice should not only be done but should be seen to be done. No litigant should leave the Court feeling reasonably that his case was not heard or considered on its merit. If he does, then justice, even though done in the case, fails in the doing of it.”

The Court noted that the abovementioned observation should be treated as the basic structure and basic framework of making of a judge.

The Court opined:

“An Advocate is also an Officer of the Court. In adversarial justice delivery system, an Advocate is not an adversary but truly speaking an amicus appearing for the parties to help the Judge to take final decision in a lis.”

Thus, the court asked the Senior Counsel, Milon Mukherjee when he would be able to argue the case, to which he submitted that he will personally appear before the Trial Judge and the date may be fixed on May 6, 2023.

Accordingly, the Court directed the Trial Judge to to adjourn the hearing of the case and fix May 6, 2023 for argument on behalf of the defence.

Case Title: Shahnawaz Khan v. The State of West Bengal

Coram: Justice Bibek Chaudhuri

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