The Delhi High Court has expressed concern over the "acute shortage of judges" in relation to the population size and volume of litigation, noting that the heavy backlog of cases often leaves many matters unheard, causing "extreme pain" to judges.
The observations came while hearing a plea filed by a convict in a cheating and forgery case, who sought permission to travel to Almaty, Kazakhstan, and Georgia to attend a Rotary Club assembly for strengthening social and business ties.
Justice Girish Kathpalia, while permitting the applicant to travel between May 1 and May 11, highlighted that due to "overflowing dockets," the court is often unable to decide appeals within a reasonable timeframe.
In such circumstances, the judge noted, the right to undertake leisure trips should not be unduly curtailed. The man was directed to furnish a personal bond of ₹5 lakh along with one surety of the same amount.
"Given the acute shortage of judges compared to the general population and litigation volume, the list of regular matters often remains incomplete even by the end of the day, sometimes extending beyond 5 PM," Justice Kathpalia said. "In such an uncertain atmosphere, restricting the applicant’s free movement for leisure trips cannot be justified."
The court noted that the man’s appeal against his conviction, filed in 2019, was already admitted and is awaiting its turn for hearing as a regular matter.
The convict's counsel argued that he had been allowed international travel previously and, at 67 years old, posed no flight risk. However, the CBI opposed the plea, citing concerns that the applicant might not return, especially since his earlier request for a leisure trip had been denied.
Allowing the plea, the high court emphasized the importance of ensuring the applicant’s return by imposing suitable conditions, thereby balancing individual liberty with the need to face pending legal proceedings.
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