Constitutional courts should not issue time-bound directions for case disposal in subordinate courts unless there are exceptional and compelling circumstances, as this interferes with the trial court's autonomy and disrupts the orderly queue of pending litigation.

JUDGMENT

The prayer in this Original Petition filed under Article 227 of the Constitution of India, is to direct the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, to dispose of CC No.866 of 2024 pending before the said Court within a time frame to be fixed by this Court.

2. Heard the learned counsel for the petitioner.

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 para 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. In view of the law laid down by the Hon’ble Apex Court in the aforesaid decision, constitutional courts are restricted from issuing directions for time bound disposal of cases pending before the courts below unless there is grave urgency which would justify such directions.

5. In the above circumstances, the prayer in this Original Petition cannot be entertained since there are no circumstances warranting a direction for the disposal of the aforesaid case within a specified time frame by giving priority over the other various cases in which the accused remain in custody, and the huge backlog of old cases which deserve to be taken up and disposed of on war footing.

In the result, the petition is hereby dismissed.