Sessions Judge receives flak from Bombay HC for saying 'handicapped' by heavy caseload [Read Order]

MUMBAI: An Additional Sessions Judge from Maharashtra who used the word 'handicapped' to express his frustration over a heavy caseload has received criticism from the Bombay High Court for his choice of words, tone and tenor.   

The Court wrote, "the Judicial Officer should not have expressed his frustration and inability by using the words handicapped as well as non-inclination to grant stay."

This was in reference to an instance where on April 24, the Additional Sessions Judge stayed trial court proceedings and adjourned the matter, stating that he was "handicapped" to hear the matter since there were around 99 cases listed to be heard on that day excluding the 12 applications in this case, which would take the number to 111.

Expressing disapproval with the same, a single judge bench of Justice Prithviraj K Chavan of the High Court added that it is "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."

The High Court termed the tone and tenor of the order as unacceptable.

The order had stated, in incomprehensible English, that although he has no desire to grant a stay, but was granting the same due to the heavy board.

He then proceeded to adjourn the hearing of the applications till June 12, terming himself as "handicapped."  

The High Court directed the Additional Sessions Judge to decide 6 out of the 12 applications that were deferred for hearing till June 12, as expeditiously as possible, within 4 weeks from the date of the order.

It further listed the matter on July 22 to follow up on compliance.

Cause Title: Godrej Projects Development and another V. Zakir Ramzan Qureshi and others 

[Read Order]