The Bombay High Court recently admonished an Additional Sessions Judge for using the term "handicapped" to convey frustration about an excessive caseload.

Justice Prithviraj K Chavan observed, “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.”.

The issue at hand involved an order issued by the Additional Sessions Judge of the City Civil Court, Mumbai, on April 24, 2024. The petitioners subsequently filed a writ petition contesting this order, which had been made during revision proceedings before the sessions court.

The petitioners' counsel pointed out that the Additional Sessions Judge issued an unusual order. In the impugned order, the judge mentioned having 99 matters to address that day, in addition to 6 revision applications and 6 stay applications. The impugned order further stated:

“I am not desires to grant stay Got I am handy capped. Therefore, though found those application has been strongly resisted by the ld. Advocate Shanvi Punamiya. However, I am inclined to grant stay to the ld. Trial Court proceedings delay till final disposal of revision and next date in the revision would be 12.-6.2021. Matter is adjourned to 12.06.2024 for hearing."

The high court noted that although it is well-known that courts are burdened with an overwhelming number of cases, such reasons should not be cited in legitimate and appropriate cases.

“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”.

Therefore, the court directed the Additional Sessions Judge to decide the six revision applications as quickly as possible, within four weeks from the date of the order.

The High Court further instructed that compliance be reported by July 22, 2024, when the matter is scheduled for further directions.