'Public Rages Over Delays, But Litigant Objects To Speedy Trial’: Allahabad HC Rejects Transfer Plea

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Synopsis

The high court noted that the litigant was questioning the intentions of the court because the judicial officer had chosen to proceed with the matter at a quick pace

The Allahabad High Court recently pulled up a litigant for raising objections to the court's decision to schedule quick dates in a property dispute case.

The bench of Justice J.J. Munir observed, "It is indeed ironical that the public at large are seen going wild on all public platforms and social media, criticizing delays in Courts and repeating that courts adjourn cases by fixing 'date after dates' which they repeat ad nauseam, and, yet, when a member of the same body of the public is in Court as a litigant, he objects to the fact, as in this case, that the Court seeks to proceed in the matter with dispatch".

Court noted that the litigant was questioning the intentions of the court because the judicial officer had chosen to proceed with the matter at a quick pace.

"Delivery of quick justice is a virtue; not a vice," the high court said. 

The matter arose from a consolidation case in Auraiya district, where the petitioner sought the transfer of proceedings from the Consolidation Officer, Arwa Katra, alleging bias and undue influence by the opposing party. The petitioner contended that the officer was unfairly expediting hearings under external pressure, a claim the court found unsubstantiated.

The court scrutinized the case records and noted that while the language used in the order sheet to describe the pressure for quick disposal was "crude," it did not indicate any wrongful influence. Instead, it reflected an insistence on speedy adjudication, which the high court deemed commendable rather than questionable.

Court highlighted the paradox in the petitioner's stance.

Further, finding, apart from the issue of jurisdiction, which the petitioner has raised, no substance in the grounds urged to seek transfer, court rejects the petition.

Court directed that its order be communicated to the Consolidation Officer through the Civil Judge (Senior Division), Auraiya, within 24 hours, ensuring that the matter is not delayed any further.

Case Title: Smt. Manorma Tiwari Vs. State Of Up And 3 Others