“Bombay HC Judges Overburdened, Can’t Prioritize Execution Petition”: SC Rejects Plea for Early Disposal

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Today, On 4th October, The Supreme Court declined a plea requesting the early disposal of an execution petition pending in the Bombay High Court. The court acknowledged the heavy workload of judges and stated that they are currently “overburdened.” While rejecting the plea, the court emphasized the strain on the judiciary due to a backlog of cases, signalling the challenges of prioritizing urgent petitions.

New Delhi: The Supreme Court on Friday dismissed a plea seeking a time-bound resolution of an execution petition pending in the Bombay High Court, citing that the judges are “overburdened.”

A bench consisting of Justices Abhay S Oka and Augustine George Masih noted that the Bombay High Court currently has only 64 judges, significantly below the sanctioned strength of 92.

The Court emphasized that each judge has over 100 cases listed daily, making it impossible to issue such directions when the High Court is overwhelmed with work.

The bench stated,

“Considering the fact that the judges of the Bombay High Court are overburdened, such a direction cannot be issued, especially when there may be older execution applications which are pending,”

The Supreme Court addressing an appeal concerning delays in resolving an execution petition. The petitioner claimed that the execution petition had faced multiple adjournments.

While dismissing the appeal, the apex court noted that the petitioner is free to request the Bombay High Court for an expedited hearing of the matter.

The petitioner approached the Supreme Court, expressing concerns about the continuous delays in the disposal of their execution petition in the Bombay High Court. According to the petitioner, the case had been repeatedly adjourned without any significant progress.

Frustrated with the prolonged wait, they sought the intervention of the apex court for a directive that would ensure a swift resolution of the matter.

Execution petitions filed after a court has issued a decree or order, and they seek the enforcement of the court’s decision. Delays in resolving such petitions can cause significant hardship to the parties involved, as it postpones the implementation of the judicial decision.

This case highlights the pressing issue of judicial delays caused by the shortage of judges, which impacts the efficient disposal of cases across India’s courts.






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