The Bombay High Court has expressed shock at the case pile up occurring in the lower courts. Coming down heaving on the lower court judges, the HC has asked the judges to develop the culture of hearing trials/suits on a day-to-day basis.
Justice Mridula Bhatkar made the remarks while hearing a bail application filed by Parmeshwardin Pal, who has been booked under the charges of fraud and cheating.
Trial Court Fails To Move Case Forward
The court rejected Pal’s bail plea twice and directed the trial court in October 2017 to hear his matter expeditiously. The trial court was also asked to testify at least 20 witnesses in 40-working days.
However Justice Bhatkar was upset to learn that since October, the trial for the case has failed to move even an inch and despite her specific order to examine 20 witnesses, not even one witness had completed the deposition.
Expressing shock, Justice Bhatkar pointed out that there is no progress in the trial since October 2017 wherein specific directions had been given. She further noted that a trial Judge must understand that the objective as well as the use of section 309 (empowers to conduct day-to-day hearing) of the Code of Criminal Procedure, which has been enacted by the Legislature.
Effective Time And Case Management Necessary
Justice Bhatkar observed that trial judges must ensure that “part-heard matters” are dealt with on a day-to-day basis, leading to the quick conclusion of the trial/suit . She also emphasized the need for time management.
The HC judge highlighted that hearing matters daily helps judges “to decide the matter effectively and speedily” as the evidence is fresh in the mind, adding that it was a “matter of time and case management”.
Justice Bhatkar also stated that judges “need to be very disciplined” regarding the cases, their schedule as well as of recording of evidence, noting that it was the judge’s responsibility was to keep in mind that “the witnesses should not go back without recording of their evidence.”
Justice Bhatkar has granted bail to Pal, on the grounds that the trial in his case is yet to proceed.
