The country’s top court was confronted with a baffling move from a trial judge who refused to decide a matter simply because the deadline fixed by the Supreme Court for disposal had passed.
The bench, comprising Justices Pankaj Mithal and Prasanna B. Varale, expressed dismay: “If the judge could not finish the case within the time granted, the proper course was to seek an extension. He cannot abdicate jurisdiction on the ground that the clock has run out.”
The matter traces back to an order dated January 18, 2024, where the Judicial Magistrate at Alipore, South 24 Parganas, was instructed to wrap up proceedings in a criminal appeal within six weeks. When the case lingered beyond that period, the trial judge, on March 19, 2024, passed an order declaring that he no longer had jurisdiction since the Supreme Court’s timeline had expired.
The apex court described the act as “unusual” and directed the District Judge to seek a written explanation from the concerned officer within a month. The trial judge must clarify why he believed his authority ended merely because the deadline lapsed, the Court ordered.
The case in question is Shiv Kumar Shaw & Another vs. Rekha Shaw.