Advocate Moves Kerala High Court Alleging That Sitting Judge Limits Number Of Cases Listed Daily

An advocate enrolled in the Bar Council of Kerala has moved the Kerala High Court alleging that a sitting judge has limited the number of cases listed before the bench to  only 20 matters a day, when other judges have 100 matters or more listed before them everyday.

Advocate Yeshwanth Shenoy has filed a writ petition stating that ‘The Chief Justice, being the Master of Roster, alone has the power to direct the Registry on listing of matters and no Judge can interfere with the same and direct the Registry to curtail that list’.

When the matter came up before Justice Shaji P Chaly on Wednesday, the court directed the Registrar General of the High Court(4th respondent in the matter) to engage a counsel to proceed with the matter.

The petitioner has taken issue with the number of matters being listed before Justice Mary Joseph in a day.  

The petitioner has sought for a minimum of 50 matters to be listed before every court in the High Court in view of the back log of cases before it and to ensure speedy justice to litigants which is a fundamental right under Article 21 of Constitution, the petitioner has stated in his writ petition. He has also sought for “a standard criterion for listing of matters before the various courts”. As the backlog of cases increase, people will begin to lose faith in the justice system, the petitioner contends.

“If every Judge of the High Court limits the number of matters before them to 20, the institution will die its natural death. Already backlog of cases has broken the back of the Judiciary and if every Judge decides to hear only 20 matters a day, then the Institution itself will not survive.”

The petitioner argues that no judge has the power to direct the registry to curtail the number matters listed before their court.

The matter has been posted to 3rd February 2023 for further consideration.

Case Title: Yeshwanth Shenoy V The Chief Justice High Court of Kerala & Others

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