Bombay High Court criticises judge for saying he was "handicapped" to vent frustration over heavy caseload

The Bombay High Court recently criticised an Additional Sessions Judge for inappropriately using the word "handicapped" to express his frustration over having to deal with a heavy caseload [Godrej Projects Development and another V. Zakir Ramzan Qureshi and others]..In an order dated April 24, the sessions court judge had granted a stay on some trial court proceedings and adjourned the hearing of certain applications in the case, stating that he was "handicapped" since there were around 99 cases listed to be heard on that day.Justice Prithviraj K Chavan of the High Court acknowledged that while most courts are flooded with cases, the language used by the sessions court judge in the April 24 order was unacceptable. "The tone and tenor of the language is unwarranted and unacceptable, in the sense, the Judicial Officer should not have expressed his frustration and inability by using the words “handicapped” as well as non-inclination to grant stay. Be that as it may. It is of 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's June 20 order said. .In the April 24 order under scrutiny, the sessions court judge had noted that there were 99 matters listed for hearing that day. The judge further observed that the instant case involved 12 applications and that the number of matters listed before the court would rise to 111 if those applications were also counted. He stated that he had no desire to grant a stay but eventually said that he was granting the stay in view of the heavy caseload, although it was contested by the opposing counsel. He proceeded to adjourn the hearing of the applications till June 12. While doing so, he also remarked that he was "handicapped.".After a writ petition was filed by one of the parties to the dispute, the High Court on June 20 directed the judge to decide expeditiously on 6 out of the 12 applications that were deferred for hearing till June 12. The High Court has ordered the sessions court judge to decide on these 6 applications within four weeks, before listing the matter on July 22 to check if this directive has been complied with. .Advocate Shaini Punamiya instructed by Fox Mandal and Associates LLP appeared for Godrej Projects Development and Godrej Properties, the petitioners before the High Court. .[Read Order]