An order of the Allahabad High Court directing for expediting the case holds the effect to direct the trial court to decide the concerned suit/ application/ trial in a time-bound manner or in a reasonable time frame, expeditiously, in accordance with law. The prayers for expediting the case are allowed in light of the settled law that the delay defeats justice. Moreover, access to justice is a fundamental right under Article 21 of the Constitution of India. Justice must be efficacious and speedy. However, due to an overburdened system and a lack of enough judges, there is a delay in the adjudication of matters, be it civil or criminal. Due to overburdened Trial Courts, the Constitutional Courts seldom interfere in such cases.
Can the High Court allow the prayer for expeditious disposal of a Civil Suit or disposal of a Civil Suit in a reasonable time frame?
The Short answer is “Yes, but very rarely”. Exceptions may only be made for suits pending for a significantly and visibly long period of time. In most cases, fixing a time bound schedule is avoided.
The Hon’ble Allahabad High Court in the case of Ali Shad Usmani & Others vs. Ali Isteba & Others has held as follows:
“We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is pending before the Civil Judge (Junior Division), District-Azamgarh. It would be most inappropriate to Court to entertain a writ petition under Article 226 and/or under Article 227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the court in a separate and preferential category whereas other cases which may be of similar or greater antiquity and urgency are left to be decided in the normal channel. Hence, any such direction may be issued with the greatest care and circumspection by the High Court otherwise the Civil Courts will be overburdened only with requests for expeditious disposal of suits, which have been expedited by the High Court. Most of the litigants cannot afford the expense of moving the High court and would not, therefore, be in a position to have the benefit of such an order.
Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to determine whether a ground for urgency has been made out. We emphasize that there may be other cases such as involving senior citizens, those who are differently abled or people suffering from a particular disablilty socio-economic or otherwise which may prime cause of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind and decide whether the hearing of the suit to be expedited.”
Whether an Application pending in a civil suit may be expedited?
In civil matters, a Petition under Article 227 of the Constitution of India is maintainable before the Allahabad High Court with a prayer for the disposal of a matter in a time-bound manner, or a reasonable time frame. The matter may be an application under Order 6 Rule 17 CPC, Order 39 Rule 1 and 2 CPC, Order 7 Rule 11 CPC, or any other application pending before the trial court in a civil suit. An application under Order 39 rule 1 and 2 CPC for temporary injunction (6-C) is often expedited by the High Court, preferably within a period of two months in accordance with law, after hearing all affected parties. If a case is not made out, the Hon’ble Allahabad High Court may not interfere, however, it may afford an opportunity to file an urgency application before the trial court. Different time frames may be provided for different matters, and the same may be prayed and pressed accordingly.
Can a Criminal Case be expedited?
The short answer is “Yes, but only in cases where the situation requires interference”.
In criminal matters, Section 529 of the Bhartiya Nagarik Suraksha Sanhita 2023 provides for superintendence over trial courts. Section 529 is an upgrade from Section 483 of the Criminal Procedure Code 1973. Section 483 of the Criminal Procedure Code merely provided for superintendence only over magistrates, whereas Section 529 BNSS provides for superintendence over magistrates as well as the Sessions Court.
Section 529 BNSS is reproduced below:
529. Duty of High Court to exercise continuous superintendence over Courts. – Every High Court shall so exercise its superintendence over the Courts of Sessions and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and Magistrates.
To read in depth about the powers of the High Court under Section 529 BNSS/ Section 483 Cr.P.C., you may read our article by clicking on the following link – Application under section 529 BNSS/ 483 Cr.P.C. before Allahabad High Court
To expedite a criminal case pending before the Court of Magistrate or Court of Sessions, one may file an application under Section 529 BNSS. Earlier to this, an application would only have been filed for expediting and concluding a case pending before the Court of Magistrates. One must make out a case for expediting the matter. If no case is made out, then the prayer for expediting the case may not be allowed.
In the case of High Court Bar Association, Allahabad Vs State of U.P and others, (2024) 6 SCC 267, the Hon’ble Apex Court has recently held as follows:
“Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending.”
However, in some matters, due to the nature of the case, incarceration of the accused, old case, etc., a direction for concluding the trial expeditiously may be granted without any unnecessary adjournments. In the case of Mohan Prajapati and others vs. State of U.P. and Another, the Hon’ble Allahabad High Court, while not providing a time-bound schedule, granted the following relief:
“Considering the fact that it is a very old case, the learned trial court is directed to make all possible endeavours to expedite the trial of the case and to conclude it expeditiously without granting any unnecessary adjournment to either of the parties.”
Can the High Court expedite a case before any other authority under any local law or special law?
The High Court exercises superintendence over tribunals under Article 227 of the Constitution of India. However, if any case is pending before any executive authority vested with any quasi-judicial power, then a Writ petition under Article 226 of the Constitution of India is maintainable with the prayer for expeditious disposal of the case before the executive authority. For example, Writ Jurisdiction may be invoked for a prayer for expeditious disposal of a revenue matter pending before the Commissioner or Collector, or a deputy collector.
Important facts and documents to consider before filing a case for expediting the case
Some important documents and facts to consider are as follows:
- Original Documents – These include First Information, Chargesheet, etc in case of a criminal matter, and Plaint, Written Statement, Application for Interim Relief, etc. in case of a civil matter.
- Order Sheet – This is an important document to consider before making a prayer for expediting the trial. If the order sheet reflects your regular presence before the trial court, then the matter may be interfered into.
- Stay Order – Whether any Interim Stay Order is in operation, passed by the High Court.
- What is the urgency – whether the Hon’ble Judge vested with the jurisdiction to hear the matters has considered the same urgency and granted relief
This list is not exhaustive.