The Gujarat High Court has accepted the unconditional apology rendered by twelve Judicial Officers for failing to dispose off till date, a Civil Suit filed in 1977 even after its direction in 2004 to dispose the same by end of 2005.
A Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri took note that the Judicial Officers have ensure that such lapse won't happen in future.
“It is universally stated by all the Judicial Officers expressing a deep sense of repentance and they have tendered unconditional apology. The Judicial Officers have also stated that they would ensure that such incidents would not recur in future and have assured this Court that they will take due care and caution in future.”
However, the Court didn't just let go of the matter and issued and strong caution to the officers that henceforth, they should be careful, cautious and should peruse the record and proceedings of the case whenever the matter is taken up, which would be not only in their interest but also in the interest of the members of the bar as well as the litigant public for whom the services are being rendered, we accept the apology tendered by them and drop further proceedings and direct the registry to intimate this order to respective Judicial Officers.
The respondent in the appeal filed the present application seeking direction to the trial Court to dispose of the said suit and to pronounce the judgment before the end of the year 2022 contending inter alia that he is 86 years old and would like to see the result of the suit during his life time.
Notably, the Court also observed that for ensuring such incidents do not recur in future, the Registrar General has been directed to issue a Circular specifying thereunder that where a direction has been issued by the High Court for disposing of the matter in a time frame, or where there has been stay of further proceedings before trial Court in respect of matter pending before High Court, the registry of the trial Court should ensure that not only such orders / directions are entered in the record and proceedings of the trial Court as a one time measure but such entry should continue to be reflected in the record and proceedings on every date of hearing till the matter is disposed of or till the direction so issued is modified or varied.
It was also directed that wherever the directions have been issued and same could not be complied for whatsoever reason, in such circumstances, the Presiding Officers of the respective Courts were required to forward a requisition letter to this Court through proper channel.
"The notices issued to the 12 Judicial Officers who were, at the relevant point of time, discharging their duties as the Presiding Officers of the Principal Senior Civil Judge, Anand, have filed their replies. It is universally stated by all the Judicial Officers expressing a deep sense of repentance and they have tendered unconditional apology. The Judicial Officers have also stated that they would ensure that such incidents would not recur in future and have assured this Court that they will take due care and caution in future. This Court has, on many occasions, held that when remorse is expressed, it should come from heart and not from pen and in the instance case, we have noticed that remorse which has been expressed by Judicial Officers seems to have come from heart and the respective learned Senior Advocates / Advocates representing the Judicial Officers would reiterate this fact," the Court ruled.
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