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Delay in Hearing Appeals
Subject : Civil Law - Appellate Procedure
The Bombay High Court has expressed its concern over the delay in hearing appeals and has ordered swift action on chemist license suspensions. A division bench of Justices Girish Kulkarni and Firdosh Pooniwalla observed that appellate authorities cannot keep cases pending indefinitely and that there is no scope for a theory of “operation is successful but the patient is dead.” The bench was hearing several petitions filed by chemist shop owners challenging the suspension of their licenses under the provisions of the Drugs and Cosmetics Act for a period of 10 days, beginning January 7. The chemist shops contended that they had challenged their suspension order issued in October 2023 before the appellate authority in the same month. However, the same were not heard and they approached the high court. Advocate Atal Bihari Dubey, appearing for one of the petitioners, submitted that his license was suspended from January 8 to January 17. The suspension order was issued on October 3, and the appeal was filed on October 31. Yet, their appeals have not been listed for hearing, and consequently, no interim orders were passed. Staying the suspension of licenses, the high court has ordered the appellate authority to give them a hearing within eight weeks. The bench noted that such inaction by the appellate authority affects the right of the petitioner to carry out trade and profession.
Delay in Hearing Appeals - Appellate Authority Accountability - Right to Trade and Profession - Article 19(1)(g) of the Constitution - Article 14, 21, and 300A of the Constitution
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