Supreme Court Cautions Against Fixed Time-Schedules in Courts Due to High Pendency

Supreme Court LAW INSIDER

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Published on: November 13, 2023 at 17:24 IST

The Supreme Court, in response to a plea seeking a fixed time-frame for the disposal of a criminal matter, emphasized that given the substantial backlog in every court across the country, constitutional courts, including the Supreme Court and High Courts, should refrain from imposing strict time-bound schedules for case disposal unless under exceptional circumstances.

The observation was made by a bench comprising Justices Abhay S Oka and Pankaj Mithal, which turned down a petitioner’s request for a directive to expedite the disposal of his bail application pending before the Bombay High Court.

The petitioner had expressed dissatisfaction with the delay in hearing his bail application filed in June 2023 and had approached the Supreme Court through a writ petition.

In response, the Supreme Court, acknowledging the significant number of bail petitions in larger High Courts, highlighted the inevitability of some delays in their disposal.

The court suggested that if there is an extraordinary urgency, the petitioner can approach the relevant bench directly, expressing confidence that a genuine request would be entertained.

Regarding the petitioner’s alternative prayer for a fixed timeline for the hearing of his bail application, the Supreme Court expressed the view that given the extensive backlog in every court, constitutional courts should avoid the temptation of setting rigid time-bound schedules for case disposal unless faced with extraordinary circumstances.

In conclusion, the Supreme Court’s stance underscores the challenges posed by high case pendency across the judicial system and the need to exercise caution in imposing fixed timelines for case hearings.

Case Title: Shaikh Uzma Feroz Hussain vs State of Maharashtra

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