Bombay High Court criticises judge for using the word “handicapped” to express frustration over heavy caseload

Last Updated on June 22, 2024 by News Desk

The Bombay High Court recently condemned an Additional Sessions Judge for inappropriately using the word “handicapped” showing his frustration over heavy caseload.

In the April 24 order, the sessions court judge had granted a stay on a trial court proceedings and adjourned the hearing of certain applications in the case, and stated that he was “handicapped” since there were around 99 cases listed to be heard on that day. 

“Six revision alongwith six Miscellaneous Application for stay which are not reflected otherwise the numbers of matters on todays board would 111therefore, I am not desirous to grant stay but I am handy capped.” the order said.

Justice Prithviraj K Chavan of the High Court criticised the language used by the session judge by saying that it was totally 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 order stated. 

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.

case title- Godrej Projects Development and another V. Zakir Ramzan Qureshi and others

written by Shagun Behal