Can't expect high courts to handle all matters expeditiously with half strength: SC

The Supreme Court on Tuesday said high courts were not under its supervisory control and one couldn't expect them to "cope" with all the matters expeditiously if they were functioning with half their strength.

A bench of Justices Vikram Nath and Sandeep Mehta made the observation and refused to hear a plea seeking a direction to the Allahabad High Court to expeditiously dispose of an appeal.

The counsel appearing for the petitioner said the matter was pending before the high court for over 13 years.


"The high courts are not under the supervisory control of this court," Justice Nath said.

The counsel said the petitioner had already moved two applications in the high court for early disposal of the matter.

"Continue filing," the bench said, "if the high courts are functioning on half the strength, how do you expect them to cope with all the matters as expeditiously as you want? There are older matters pending. Go and make a request."

While declining to examine the plea, the bench allowed the petitioner to move the high court with a plea for an early listing and disposal of the pending case.

The bench said upon such an application being filed, the same would be considered accordingly.

Justice Nath told the counsel that he, during his days as an advocate, practised before the Allahabad High Court for a number of years and he knew how much effort one had to make to get the matters listed.

"Two applications is nothing. You may have to file hundreds of applications to get your matter listed," Justice Nath said.

According to the data on the law ministry website, the sanctioned strength of judges in high courts is 1,122 but they are functioning at 792 judge with 330 vacancies as on September 1.