Unable To Decide Regular Matters Due To Acute Shortage Of Judges: Delhi High Court

Justice Girish Kathpalia remarked, “On account of acute shortage of judges as compared to the general population and the litigation quantum, for past long time, the list of regular matters does not reach till end of the day of hearing. Rather, many a time even beyond 05:00 pm when the Courts rise for the day, some of the matters remain unheard, which is extremely painful for the judge. In such uncertain atmosphere, depriving the applicant/appellant free movement, even if to enjoy leisure trips cannot be justified.”

The applicant sought permission to travel abroad from 01.05.2025 to 11.05.2025 in order to attend a club assembly of Rotary Club, to be held in Almaty, Kazakistan and Georgia. He argued that the programme is vital for him in terms of social ties and business growth. He stated that through an earlier order dated 01.08.2019, the Court allowed him to travel abroad.

Opposing the plea, the CBI submitted that a similar permission to travel abroad was declined by an order of the court 26.11.2019, because it was a leisure trip. It argued that if the appellant is allowed to leave the country, he would not return.

The High Court remarked that due to overflowing dockets, the court is unable to decide on matters within a reasonable time.

Here, it noted that the present appeal was listed in 2019 and admitted to be heard as a regular matter. It noted that the appellant's request, even for a leisure trip, ought not be declined given the circumstances of delay in hearing regular matters.

“In my considered view, since on account of overflowing dockets, this Court is unable to decide the appeals within reasonable period of time, right to even leisure trips to certain extent ought not be declined. The events like club assembly of Rotarians are more in the form of general get-togethers where social relations are developed and nurtured in addition to business relations. The present appeal was filed in the year 2019 and admitted by the predecessor bench, to be heard at its turn as a regular matter.”

With these observations, the Court allowed the appellant to travel abroad, subject to furnishing a personal bond of Rs. 5 lakh with one surety of the like amount.

Case title: Mukesh Gupta @ Mukesh Kumar Gupta vs. CBI

Citation: 2025 LiveLaw (Del) 486