Chandigarh, December 25: In an unprecedented development, the Punjab and Haryana High Court has issued an administrative order virtually debarring the listing of cases previously adjourned for being heard during the winter vacation.
The orders apparently prohibiting the listing of cases adjourned for hearing between December 21 and January 3 will remain in operation till the High Court reopens after the winter break on January 6. This is, perhaps, the first time an administrative order has been passed, which appears to override the directions issued by the Benches on the judicial side for listing cases during vacations.
“It is for the information of all the learned advocates/litigants that urgent motion/ordinary motion Division/Single Bench cases, which have been adjourned for the dates December 21, 2019, to January 3, 2020, during the ensuing winter vacations, will be listed before the appropriate Hon’ble Benches on January 6, 2020,” reads a note on the list of cases to be heard.
The HC has two sides to its functioning. All organisational and executive decisions, such as appointment of Judges, transfers and posting, preparation of roster, and designation of advocates as seniors, are taken by the High Court on the administrative side. Other matters placed before the Benches, such as bail pleas, writ petitions, and appeals in civil and criminal matters, are decided in the courts through judicial orders.
There is nothing uncommon in judicial orders overruling administrative or official orders, particularly in matters involving Judges belonging to the subordinate judiciary. The courts have even passed judgments setting aside administrative orders on dismissal of judicial officers from service. But administrative orders superseding judicial orders are exceptional, even though they may fall within the ambit of permissibility.
The HC’s own statistics show that no less than 3,53,253 “main civil and criminal cases” are pending adjudication.The figure released by the High Court is far less than the one reflected by the National Judicial Data Grid, which indicates 5,27,269 cases are pending. Some lawyers appearing for their clients were today surprised to find that the cases were not listed. Some urgent and ordinary cases were listed and heard.
