Advocates’ Association flags severe delays at Jharkhand High Court, citing violation of bail and writ rights. Urges CJI to act on bench reconstitution for timely justice.
Ranchi: On June 17, in a strongly worded letter addressed to the Hon’ble Chief Justice of India, the Advocates’ Association (Registered) of the Jharkhand High Court has raised serious concerns about the persistent administrative shortcomings in the Jharkhand High Court that, according to them, are leading to widespread denial of justice to litigants.
The letter has been officially forwarded through the Secretary General of the Supreme Court of India.
The association, led by President Ritu Kumar, General Secretary Navin Kumar, and Treasurer Pran Pranay, has appealed for “urgent intervention” from the apex judiciary.
They claim that repeated representations to the Chief Justice of the Jharkhand High Court have gone unanswered, leaving them with no option but to escalate the matter to the top court.
The subject line of the letter reads:
“Urgent Intervention Required – Failure of Jharkhand High Court Administration to Address Critical Issues in Bench Constitution Leading to Denial of Justice.”
In the letter, the association highlighted that critical issues in the constitution of benches are
“resulting in systematic denial of justice and violation of fundamental rights of litigants.”
They argue that despite raising these matters repeatedly,
“no concrete action has been taken”
by the Jharkhand High Court administration, and the current system continues to
“cause irreparable harm to the administration of justice.”
Citing specific grievances, the association stated that bail matters are left unheard for months, leading to violations of Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.
They write,
“Admission matters pertaining to regular bail applications continue to remain pending for unconscionably long periods, resulting in gross violation of Article 21 of the Constitution.”
The letter emphasized that
“numerous accused persons are languishing in jail custody without any fault attributable to them,”
merely because the judiciary has failed to hear their bail pleas. They strongly referenced the Supreme Court’s own precedent that
“bail is the rule, jail is the exception.”
Another major concern raised is regarding writ petitions filed between 2021 and 2025, which are allegedly being heard only during a limited Friday afternoon window.
The association called this practice
“an impossible bottleneck” that “prevents citizens from accessing their fundamental right to constitutional remedies under Articles 226 and 227 of the Constitution.”
It further noted that
“this restricted window has rendered writ practitioners helpless in providing effective legal assistance to their clients.”
Regarding the handling of special criminal statutes such as the Delhi Police Establishment Act, Prevention of Corruption Act, National Investigation Agency (NIA) Act, and Prevention of Money Laundering Act (PMLA), the association alleges that these cases are being scheduled
“exclusively on Fridays after Division Bench proceedings.”
The result, they argue, is
“virtual non-hearing of these matters,”
causing severe delays and violating the constitutional guarantee of a speedy trial.
The association asserts that these failures amount to multiple constitutional and legal violations, including:
- Violation of Article 21 – Right to Life and Personal Liberty
- Violation of Article 14 – Right to Equality and Equal Protection of Laws
- Violation of Article 226 – Right to Constitutional Remedies
- Contravention of Section 482 CrPC – Inherent Powers of Courts to Secure Justice
- Non-compliance with Supreme Court guidelines on speedy disposal of cases
Despite having submitted “multiple written representations” to the Chief Justice of the Jharkhand High Court detailing these issues, the association says
“the lack of response and remedial action has compelled us to approach Your Lordship’s esteemed office.”
In their “prayer” section, the association has requested the Chief Justice of India to:
- “Issue appropriate directions to the Jharkhand High Court for immediate reconstitution of benches to ensure regular hearing of bail matters, writ petitions, and cases under special statutes.”
- “Direct the Chief Justice, Jharkhand High Court to submit a detailed action taken report regarding the steps being taken to address the administrative issues affecting the delivery of justice.”
- “Consider constituting a monitoring mechanism to ensure compliance with the directions and prevent recurrence of such administrative failures.”
- “Pass such other orders as Your Lordship may deem fit and proper in the circumstances of the case.”
In conclusion, the letter expresses the faith the legal fraternity and public place in the top court’s leadership:
“We are confident that Your Lordship’s intervention will restore the faith of litigants in the judicial system and ensure that the constitutional mandate of access to justice is upheld.”
It ends with a note of gratitude for the Chief Justice’s time and consideration of what they call “this urgent matter.”
A copy of the letter has also been forwarded to the Registrar General, Jharkhand High Court, Ranchi, along with enclosures consisting of previous representations made to the Chief Justice of the Jharkhand High Court.
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