New Delhi: The Delhi High Court has drawn attention to the "acute shortage of judges" in relation to the population and the volume of litigation, which has left numerous cases unheard.
The court expressed that the overwhelming number of cases has hindered its ability to resolve appeals within a reasonable timeframe, adding that it is "extremely painful" for judges when some matters remain unheard.
These remarks were made during the hearing of a plea by a convict in a cheating and forgery case, who sought permission to travel abroad for a Rotary Club assembly in Almaty, Kazakhstan, and Georgia, citing social and business growth reasons.
"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 a certain extent ought not be declined," Justice Girish Kathpalia said.
The court allowed the man to travel abroad from May 1 to May 11, provided he furnishes a personal bond of Rs 5 lakh along with one surety of the same amount.
It noted that events such as the club assembly of Rotarians are primarily general gatherings aimed at fostering social and business relationships.
"On account of an 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 05:00 pm 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 observed that the man's appeal against his conviction in the cheating and forgery case was filed in 2019 and admitted by the previous judge to be heard as a regular matter in due course.
The man's counsel argued that he had previously been permitted to travel abroad and, being 67 years old, posed no risk of fleeing from justice. However, the counsel for the CBI highlighted that the man was earlier denied permission for a leisure trip abroad, expressing concerns that he might not return if allowed to leave the country.
While granting the man's plea, the high court emphasized the importance of ensuring the applicant's return to face pending legal proceedings, which could be achieved by imposing suitable conditions.
(inputs from PTI)