Excelsior Correspondent
SRINAGAR, Aug 4: High Court imposed costs on litigants for seeking review of the judgment on the ground that the verdict has been passed in their absence and they and their counsel has not been given the opportunity of being heard by the court.
The contention of the review petitioners (litigants) was that the judgment under review has been passed without hearing them and at their back. They also contend that they were never heard by this Court.
Justice V C Koul dismissed the review petition and imposed costs of Rs 5000 on the litigants. The court said that on every week-end, it is a practice in vogue throughout, a Regular Cause List for a week is being issued by the High Court of J&K and Ladakh, giving details of the cases including counsels appearing in those cases. The Cause List is being circulated to all Advocates, Departments and even being browsed on the official website of the High Court.
“The counsel, who was appearing for respondents in the main appeal in the present case, cannot be heard saying that they did not have any knowledge about pendency and/or listing of the case. It may not be out of place to mention here that non-appearance of parties on any particular date(s) could not be made a reason for not deciding the case(s) as generally it has become a routine to protract matters.”, Justice Koul reiterated.
“Based on the contexts and discussions made, the review petition is dismissed with costs of Rs.5000 to be deposited by review petitioners in Advocates’ Welfare Fund within one month from today. In the event they fail to do so, the Registry shall take all steps for its recovery”, Justice Koul directed.
The court has made clear by observing that the Courts are not mute spectators and leave control of the case to a party to the case who has decided not to take the case forward. In a democratic set up, the court added, intrinsic and embedded faith in the adjudicatory system is of seminal and pivotal concern. Delay gradually declines the citizenry’s faith in the system.
“It is the faith and faith alone that keeps the system alive. It provides oxygen constantly. Fragmentation of faith has the effect-potentiality to bring in a State of cataclysm where justice may become a casualty. A litigant expects a reasoned verdict from a temperate Judge but does not intend to and, rightly so, to guillotine much of time at the altar of reasons. Timely delivery of justice keeps the faith ingrained and establishes the sustained stability”, reads the judgment.
The legal maxim ‘justice delayed is justice denied’ echoes loud and clear in our overburdened judicial system. Millions of cases are pending in the Courts throughout India. The primary reason for huge pendency of cases is either shortage of judges, lack of infrastructure or procedural delays and adjournments.
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