Constitutional Courts should not routinely fix mandatory time-bound schedules for the disposal of cases in sub-ordinate courts, as prioritizing specific cases undermines judicial administration and queue management unless exceptional circumstances exist.

JUDGMENT

The prayer in this Original Petition filed under Article 227 of the Constitution of India is a direction to the Asst.Sessions Court I, Thrissur, to dispose of SC No.572/2024 on the files of that Court within a time frame fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

3. The Hon’ble Supreme Court, in the decision rendered in Allahabad High Court Bar Association v. State of U.P. and Others [2024 (6) SCC 267], has cautioned the constitutional courts from passing orders directing the courts below to dispose of the cases pending before such courts within time frame fixed, unless there are compelling reasons. It has been observed by the Hon’ble Supreme Court in paragraph Nos.32 and 33 of that decision as follows:

“32. Therefore, constitutional Courts should not normally fix a time - bound schedule for disposal of cases pending in any Court. The pattern of pendency of various categories of cases pending in every Court, including High Courts, is different. The situation at the grassroots level is better known to the judges of the concerned Courts. Therefore, the issue of giving out - of - turn priority to certain cases should be best left to the concerned Courts. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations.

33. There is another important reason for adopting the said approach. Not every litigant can easily afford to file proceedings in the constitutional Courts. Those litigants who can afford to approach the constitutional Courts cannot be allowed to take undue advantage by getting an order directing out - of - turn disposal of their cases while all other litigants patiently wait in the queue for their turn to come. The Courts, superior in the judicial hierarchy, cannot interfere with the day - to - day functioning of the other Courts by directing that only certain cases should be decided out of turn within a time frame. In a sense, no Court of law is inferior to the other. This Court is not superior to the High Courts in the judicial hierarchy. Therefore, the Judges of the High Courts should be allowed to set their priorities on a rational basis. Thus, as far as setting the outer limit is concerned, it should be best left to the concerned Courts unless there are very extraordinary circumstances.”

4. Having regard to the law laid down by the Hon’ble Apex Court in the aforesaid decision, it is not possible for this Court to issue a direction fixing time frame for the disposal of SC No.572/2024 on the files of the Asst.Sessions Court I, Thrissur. However, the learned Asst.Sessions Judge shall consider the fact that the petitioner is a person working in the defence service, and make every effort to expedite the disposal of the aforesaid case.

The Original Petition is disposed of as above.