The Calcutta High Court on Friday expressed strong displeasure over its Registry for failure to list a Habeas Corpus petition for as many as 23 years, despite clear directions to list the matter after three months.
A division bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee suggested that in such cases, proceedings for misconduct should be initiated against errant officers.
This matter relates to the allegation regarding the failure to hand over a child to his mother following his birth in a hospital.
When this Writ Petition came up for consideration on 22.12.1997, this Court issued a direction to the Director General of Police to have a case registered and to hand it over for investigation.
Though different directions were issued with the further order to the Registry of this Court to list the matter after three months, it is a matter of great misfortune that this matter is listed after 23 years of hibernation of this file in the cupboard of the High Court, the court said.
“We are in a judicial system. We cannot afford stacking of files without the same being listed in spite of judicial orders. When matters are not listed by the office of the High Court in spite of judicial orders, it may, at least in certain situations, be appropriate that the Courts should consider initiating action for misconduct against the officers concerned for having deflected the course of justice by disobeying judicial orders for posting a case,” the Court observed.
“Such situation occurred, all the more in this case which relates to a Writ in the nature of Habeas Corpus in which there was a direction by the Division Bench headed by the then Chief Justice to list the matter after three months from 22.12.1997 to enable the Director-General of Police to report on the action taken,” the Court noted.
Nevertheless, the case was disposed of with an observation that no further order is required to be passed except to close the matter.
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The judiciary should be ashamed of such delays. Sheer shamelessness.
UNFORTUNATELY, JUDICIARIES DON’T OR NEVER ACCEPT ANY RESPONSIBILITY OF MISTAKES IN WRONG JUDGEMENTS, INORDINATELY DELAYED JUDGEMENT, CITING SEVERAL LAME EXCUSES. AS A PROFESSIONAL FROM LEGAL SYSTEM, STILL COLONIAL ATTITUDE PREVALENT.ARE MEDICOS OR ENGINEERING PROFESSIONAL SO LETHARGIC, IRRESPONSIBLE…?