Even During Severe COVID Upsurge Judicial Function Can't Be Shut Down: Allahabad HC Dismayed Over Delayed Progress In A Civil Suit

Expressing its dismay over the progress of a civil suit and the way the concerned Judge at Mathura Court fixed the dates in the matter, the Allahabad High Court on Monday observed that even during a severe COVID-19 upsurge, judicial function, like many other solemn functions of the State, can't be shut down.

The Bench of Justice J. J. Munir further remarked that for the time being, the CoViD-19 pandemic upsurge is a recurrent feature and thus, it does not mean that the functioning of Courts should come to a standstill.

"The Courts must function and discharge their duties by adopting and adapting ways and means necessary for the dispensation of justice. During a severe CoViD-19 upsurge, judicial function, like many other solemn functions of the State, may be discharged differently, but they cannot be forsaken or the system of justice shut down," the Court observed.

Essentially, the Court observed thus while perusing a report submitted by the Civil Judge (Senior Division), Mathura, in compliance with the orders of this Court issued with regard to delay in the progress of a civil suit pending before the Mathura Court.

The Court, persuing the records of the case, as well as the order sheet, noted that long dates have been fixed and on at least three dates, the Presiding Officer was on leave, on account of which, the case had to be adjourned. Also, in May 2021, COVID had been cited as one of the reasons for an adjournment.

Terming it as 'not a happy state of affairs', the Court further noted that valuable time had been lost between the months of July to December 2021, when there was remission of CoViD-19 infections, and life was almost normal.

In these circumstances, the Court directed the District Judge, Mathura to submit a report, about the ways and means now being adopted in his Judgeship to hear civil matters during the current upsurge in CoViD-19 cases.

The District Judge, Mathura has also been asked to examine the feasibility of transferring this case to a more willing and enthusiastic judicial officer, who shall go ahead with the trial of this case, within the constraints of the CoViD19 pandemic and the ways and means adopted by the Courts at Mathura to hear civil matters.

Let the said report be submitted within a week, ordered the Court as it posted the matter for further hearing on January 19, 2022.

Case title - Smt. Kusum Chaturvedi And Another v. Bhupendra Prasad

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