The Gujarat High Court's division bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri issued show cause notices to ten judicial officers in the state on December 19, asking for an explanation as to why contempt of court proceedings should not be initiated against them for failing to dispose of a 45-year-old suit despite express orders of the High Court.

The court was also surprised to learn that 16 judicial officers who presided over a court in Anand district from December 2004 to the present had failed to complete the proceedings in the 1977 suit. "The explanations offered by the judicial officers cannot be accepted and it only requires to be deprecated. We call upon the judicial officers to file their affidavit in reply to show cause why contempt of court proceedings should not be initiated against them for wilfully disobeying this court's orders," the bench ordered.

The bench noted in its order the explanations given by PP Mokashi, who is now an additional district judge, and Sunil Chaudhari, who is now a principal district judge. According to the report, the current suit was pending in Mokashi from September 2009 to December 2009, and in Chaudhari from July 2015 to December 2015. Nonetheless, both of them stated that they had not dealt with the suit and were unaware of the High Court's orders to dispose of it quickly and effectively. "Though the proceedings moved at a snail's pace, the matter was listed for arguments in 2016. The current status of the suit as per district court information system from November 2016 till date the matter has been adjourned for final arguments. There has been no reason for adjourning the case," the bench noted. "The explanation offered by these two officers, if perused would indicate that in a most cavalier manner a reply has been given. It is incumbent upon the officers to check the records to ascertain if any specific order has been given by the HC. Also, the Registry is responsible to maintain the said order in the records. If this has not been done, it would indicate the sorry state of affairs in which the matters are being dealt with by trial judges," the bench observed.

Another judge has been appointed. From May 2018 to October 2018, February 2019 to May 2019, and June 2019 to May 2022, JR Dodiya served as an Anand principal judge. In her explanation, she, too, stated that the High Court's orders could not have been identified to her at the time. As a result, the bench issued show cause notices to all ten judicial officers, giving them until January 15 to respond.

Case Title: Patel Ambalal Kalidas vs Patel Motibhai Kalidas
Citation: MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022 In R/FIRST APPEAL NO. 815 of 1985