December 19, 2024

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Kerala HC pulls up Registry over pendency, urges to behave rapidly

Kochi, Nov 23: The Kerala High Court on Wednesday pulled up its Registry for the delay on its half in itemizing instances and informing judges about outdated instances, a few of which have been pending for many years, and urged them to introspect.

This got here as a bench of Justice P.V. Kunhikrishnan was contemplating a plea moved by a co-operative financial institution worker who had been embroiled in litigation in opposition to his employer for over 25 years to get his advantages.

While deciding the plea that was registered in 2010, the court docket finally discovered that he was entitled to obtain the advantages.

Noting this and recalling that he had as soon as come throughout a case that was registered over 20 years in the past, the decide referred to as for introspection by the judiciary.

“An introspection by the judiciary is also necessary because the first writ petition filed by the workman was pending before this court for the last 13 years. I had the opportunity to sit in the old writ petition hearing jurisdiction in which I disposed several old cases and one of the writ petition disposed this month was filed in the year 2003. That means some of the writ petitions are pending before this court for about 20 years,” he mentioned within the judgment.

The decide opined that the High Court Registry had an element to play, as they’re answerable for informing the judges of outdated instances. However, until legal professionals file an ‘pressing memo’, the Registry often will not listing admitted instances aside from closing listening to.

“I am forced to say that there are some latches on the part of the registry also for this sorry state of affairs. It is the duty of the registry to report before the jurisdictional roster judge about the old cases, after getting permission from the Honourable Chief Justice. The jurisdictional judge may not be knowing about the old cases because in High court, the usual practice is that, once the cases are admitted, unless there is an urgent memo or a petition for an early hearing or other petitions for any directions, it will not be listed except for final hearing,” the judgment acknowledged.

Justice Kunhikrishnan additionally mentioned that “there is a general grievance in the lawyers that the cases are not listed by the registry even after filing ‘urgent memo’. They even say sarcastically that the ‘urgent memos’ filed are ‘committing suicide and disappearing’. Some of the old writ petitions are misplaced and not located. It is the duty of the registry to locate the same forthwith or get orders to recreate the file”.

Therefore, the court docket directed the Registrar General and the Registrar (Judiciary) to tell the Chief Justice about outdated writ petitions pending in several jurisdictions and to take acceptable steps on this regard as per the instructions of the Chief Justice.

“Otherwise, people will loose faith in the judiciary,” it warned.

Kerala HC pulls up Registry over pendency, urges to behave rapidly IANS 24 November 2022 Post Your Comments

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