The Delhi High Court has highlighted the “acute shortage of judges” about the population and the litigation quantum due to which several matters remain unheard.
The high court said that on account of overflowing dockets, it was unable to decide appeals within a reasonable period of time and when some matters remain unheard, it is “extremely painful” for the judge.
The court's remarks came while hearing a plea by a cheating and forgery case convict, seeking permission to travel abroad to attend a club assembly of Rotary Club in Almaty, Kazakhstan and Georgia for his social ties and business growth.
“In my considered view, since on account of overflowing dockets, this court is unable to decide the appeals within a reasonable period of time, the right to even leisure trips to certain extent ought not be declined,” Justice Girish Kathpalia said.
The court permitted the man to travel abroad from 1 May to May 11 upon furnishing a personal bond of Rs 5 lakh with one surety of the like amount.
It said the events like club assemblies of Rotarians are more in the form of general get-togethers where social and business relations are developed.
“On account of acute shortage of judges as compared to the general population and the litigation quantum, for a long time, the list of regular matters does not reach till the end of the day of hearing.”
“Rather, many times even beyond 5:00 p.m. when the courts rise for the day, some of the matters remain unheard, which is extremely painful for the judge. In such an uncertain atmosphere, depriving the applicant/ appellant of free movement, even if to enjoy leisure trips cannot be justified,” Justice Kathpalia said.
The court noted that the man's appeal challenging his conviction in the cheating and forgery case was filed in the high court in 2019 and admitted by the previous judge, to be heard at its turn as a regular matter.
The man's counsel submitted that he was earlier also allowed to go abroad and that being of 67 years of age, there was no scope of his fleeing from justice.
The counsel for CBI told the court on an earlier occasion, the man was denied permission to travel abroad as it was a leisure trip and contended that if he was allowed to leave the country, he might not return.
While allowing the man's plea, the high court said the court must be conscious about ensuring the return of the applicant to face the pending legal proceedings which can be done by imposing appropriate conditions on him.
