The Supreme Court has criticised a West Bengal trial court judge for refusing to continue a criminal case, claiming the apex court’s deadline had lapsed. The bench directed an explanation and report from the judge, posting the matter for October 27.
New Delhi: The Supreme Court of India has expressed strong displeasure against a trial court judge in West Bengal who refused to continue hearing a criminal case, claiming that the time set by the apex court for its disposal had already passed.
A bench comprising Justices Pankaj Mithal and P B Varale noted that on January 18, 2024, the Supreme Court, while disposing of a criminal appeal, had directed a judicial magistrate in Alipore, South 24 Parganas, to conclude the case within four weeks.
Despite this clear directive, the trial judge, who could not complete the proceedings within the specified period, issued an order on March 19, 2024, citing the lapse of the prescribed time as the reason for abdicating jurisdiction over the matter.
The Supreme Court bench expressed its concern over the approach taken by the trial judge, stating,
“We are pained to note the manner in which the order has been passed by the judge. If for any reason, the judge was not able to dispose of the matter within the prescribed time period fixed by this court, the appropriate remedy available to him was to ask for extension of time but he cannot say that he has lost jurisdiction over the matter as the time allowed has lapsed.”
The top court has now directed the district judge concerned to obtain an explanation from the trial judge and submit a report within a month.
The bench further ordered.
“He (judicial magistrate) has to state as to why and under what circumstances, he has reported that he has ceased to have jurisdiction over the matter and would not proceed any further thereof,”
The Supreme Court also instructed its registry to send a copy of the order to the relevant authorities and posted the matter for the next hearing on October 27.
This decision highlights the apex court’s firm stance that lower court judges must follow procedural propriety and cannot abandon cases on the pretext of missed timelines, emphasising the importance of requesting extensions rather than claiming loss of jurisdiction.
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