"Tareekh Pe Tareekh…..Tareekh Pe Tareekh" is the ultimate depiction by bollywood when it comes to the Indian Legal System. While the idea is to uphold justice for one and all, it is also true that "justice delayed is justice denied". If a person applies for contested divorce today when he/she is 30, and the same is allowed after 15 years, the probability of such person getting married again and starting a new life are quite less. In such cases, where delayed conclusion due to slow trial may bring irreversible consequences, application may be made to seek early disposal of case from High Court. A time bound disposal of case will eventually help parties to settle their interests in a timely manner and go on further with their legal rights. This article helps understand the various facets related to speedy disposal of cases with the interference of the High Court.

Application for Early Disposal of Case

When a Court case has been pending for quite some time, with no progress, that is purportedly to be the right time to initiate an application for speedy disposal of the case. If your case has been ongoing for more than a year, and you have sufficient cause for why your case should be concluded sooner, seeking Court's interference for early disposal of the case may help. One should first approach the Trial Court for such an application, which has more chances of rejection/dismissal. In that case, the person may approach the High Court directly with a writ petition under Article 226 of Constitution.

Reasons for a Speedy Trial

A person going to seek early disposal of a case from the High Court has to convince the Court with sufficient reasons on why speedy trial should be ordered. Some of the examples for reasons included in application for early disposal of case are:

• There is a matrimonial dispute. Parties are of marriageable age, and years lost in litigation will result in no marriage, thereby badly affecting the personal life of the parties.
• The person is suffering from a serious ailment and is not in a state to deal with Court appearances for years.
• The witnesses to the matter are of old age.
• The Court of jurisdiction where the trial is ongoing is located at a distance, making it extremely troublesome to travel on every date until the matter is concluded at its own pace.
• The criminal case has affected the reputation of the accused person, who is tagged as a criminal and will remain so until they are convicted or acquitted, a process that may take years.
• The criminal case has negatively affected the business/work opportunities for the accused by tarnishing their reputation, leaving them with limited means to make ends meet.
• The person is facing extreme hardship and is falling prey to depression, requiring medical treatments to cope with the situation.

To get the essence of it, it is important to explain to the High Court the gravity of hardships faced by the person seeking early disposal of the case.

Can everyone approach the High Court for speedy disposal of case?

If you think that anyone and everyone with a pending Court case can approach the High Court for early disposal, that is not the case. Because every case being time bound means increased burden on Courts, which again makes it impossible for speedy decisions in Court cases. Thus, parties seeking early disposal of cases from the High Court should have sufficient cause to convince the High Court that Trial going at its normal and slow pace is causing extreme hardship.

What results are expected?
When a High Court receives an application seeking early disposal of a Court Case, it should be convinced that delay in trial is causing extreme hardship to the applicant, which may bring irreversible consequences. If the applicant is able to convince the Court, favourable orders may be passed. The High Court in such case passes an order directing the Trial Court to conclude the proceedings within a specified period, may be a few months or a year. If the applicant is not able to convey the urgency for concluding the trial sooner, the Court may dismiss the application.

Suggestion
While applying for early disposal of Court case from the High Court may sound beneficial, it should be done only if the person has sufficient cause to convince the Court. It is an unsaid fact that matters lasting for years usually go in favour of the accused, and early disposal benefits the complainants. So if you are someone who does not have enough evidence to prove your case, if orders are passed for early disposal, such a move would prove fatal for you. Thus, speedy trial will only prove to be a smart move if you are certain that the Court will only decide the matter in your favour, due to availability of sufficient and convincing evidence for your case.

Written By: Kishan Dutt Kalaskar