‘Shocked’ over functioning of lower courts, HC asks them to dispose off matters quickly

Voicing its concern over the piling up of cases in the lower courts, the Bombay High Court recently came down heavily on the lower court judges. The HC expressed shock over the manner in which the lower court judges function and work.

A single-judge bench of Justice Mridula Bhatkar has now asked lower court judges to inculcate the culture of hearing trials/suits on a day-to-day basis.

Justice Bhatkar was hearing a bail application filed by Parmeshwardin Pal, who was booked under the charges of fraud and cheating. The court had rejected his bail plea twice and had in October 2017, directed the trial court to decide his matter expeditiously. The court had then also asked the trial court to testify at least 20 witnesses in 40working days.

Justice Bhatkar was irked to learn that since October, the trial in the case has not moved an inch further and despite of her specific order to examine 20 witnesses, she found, not a single witness had completed the deposition.

Expressing shock over the function of lower courts, Justice Bhatkar said, “I am shocked to come across the fact that there is no progress in the trial since October 2017 in which specific directions were given to the trial Court to take up the matter day to day. A trial Judge needs to understand the object of a section and the use of section 309 (empowers to conduct dayto-day hearing) of the Code of Criminal Procedure, for which the Legislature has enacted the same.”

“The trial court judges to inculcate the culture of keeping partheard matters on a day-to-day basis, by which the matters can be heard on a daily basis and the trial/suit can be concluded. It is possible. This procedure was followed earlier, which ultimately gives excellent disposal,” Justice Bhatkar added.

Justice Bhatkar emphasized on the need of time management, a task which the lower court judges need to undertake. “Hearing matters on a daily basis helps the Judge to decide the matter effectively and speedily because the evidence is fresh in the mind. It is a matter of time and case management. The trial Judge needs to be very disciplined about the cases, the schedule of the cases and recording of evidence. He must keep in mind the witnesses should not go back without recording of their evidence. This is the responsibility of the trial judge only,” she observed in her order.

Justice Bhatkar then granted bail to Pal, on the ground that the trial in his case had not proceeded.