08 February 2011

Listing of matters before the honurable High Court

The Times of India from Mumbai has reported that, the Bombay high court on Monday has directed the learned Registrar to initiate action against two clerks for allegedly tampering with the list of cases in order to favour certain petitioners.

The report further states that, the honourable division bench of justices A M Khanwilkar and A R Joshi has found that, two of the clerks in the office of the High Court might have tampered with the daily board of the court to enable listing of two matters under the caption of "fresh matters" instead of "after notice" to give the cases priority.

The report further states that, one of the petitions listed out of turn was filed by relatives of two labourers who were killed after they fell into a ditch dug by the Public Works Department in Pune. The second was filed by a woman seeking action against Mahim police officers for physically assaulting her husband, arrested in a forgery case.

The report further states that, when the matter came up for hearing, the honourable high court realized that it had already issued notices to the state government in both the petitions and should have been listed under the `after notice' category'.

The honourable high court has directed the registrar to file an action taken report by March 14.

If the natures of the petitions are considered, even assuming that, the two clerks have wrongly interfered in the list, it appears to be a matter of sympathetic approach, though not justifiable and amounts to undisciplined behaviors. The incident points out the seriousness of the problem of huge pendancy of matters and the system of administration of justice.

The urgency for appointing sufficient numbers of judges and proportionate staff to manage the huge pendancy is highlighted by the incident.


VAKILSAHEB

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