'One HC Judge Had To Sit Till 7 PM To Hear SC-Expedited Case' : CJI Says Routine Directions Can't Be Issued To Fast-Track Hearing

While refusing to entertain a petition seeking an expeditious hearing of a matter in the Allahabad High Court, the Supreme Court on Thursday said that it cannot overburden High Court Judges by setting them timelines without considering their caseload.

Chief Justice of India Surya Kant noted that a Judge of the Allahabad High Court, to hear a matter within the deadline set by the Supreme Court, had sat till 7.10 PM after the regular matters, and ultimately adjourned the passing of the order, after recording that he was "hungry, tired and physically incapacitated" to dictate judgment.

The CJI was referring to a recent order passed by Justice Subhash Vidyarthi of the High Court in which he recorded that he could not dictate the judgment as he was tired and hungry after hearing cases till 7.10 PM.

The CJI said that such instances point to the need for introspection on the part of the Supreme Court before issuing directions to expedite hearings in High Court.

"As one of the judge wrote, and may be rightly so...he said Supreme Court had directed decide this case...it is now in the evening 6.50 or 7.10... he mentioned the time...I missed my lunch also, now I am totally tired and exhausted, I will not be able to take up this case further. He mentioned in the judicial order...which really requires some introspection on our part also. He also mentioned that there were 200 something fresh matters before him. Passing an order from here, even with a word 'request', becomes very difficult", the CJI recalled.

A bench of CJI Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was dealing with a special leave petition seeking an expeditious decision in a case of the year 2021.

On hearing the petitioner's counsel, the CJI asked if he knew the oldest case pending before the Allahabad High Court. When the counsel replied that he was not aware, the CJI expressed that the top Court receives pleas for expediting High Court hearings on daily basis but a lot of circumspection is required in passing such orders, keeping in view the burden upon the High Courts.

"On every day we have 4-5 petitions. Out of 4-5, 3 pertain to Allahabad High Court. It will lead to a very very bad precedent that while sitting here we start virtually de facto having control of the roster of the High Court. There are 100 plus judges there...it is a very difficult High Court to be managed...Hon'ble Chief Justice must be doing his best, we have no doubt. But still everyday, instances are there."

The CJI also opined that if the Court expedites a recent case, it would be at the cost of some old case, where the party maybe a poor litigant who did not have enough resources to approach the Supreme Court

"People want their matter to be decided, what to do? These are very serious challenges. The solution lies somewhere else, not that we keep on issuing directions. If we direct them, and they take up the matter, it will be at the cost of some other old matter. Some poor person who has not been able to come to this court and secure an order, he will be the victim of the system."

Ultimately, the bench was not inclined to entertain the petition. It gave the petitioner liberty to approach the High Court and make out a case for out-of-turn hearing.