‘Bombay HC bench at Mumbai alone needs 50 judges to reduce pendency’ | Mumbai news - Hindustan Times
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‘Bombay HC bench at Mumbai alone needs 50 judges to reduce pendency’

ByK A Y Dodhiya
Jun 05, 2023 03:44 PM IST

While ruing his inability to do much in the short time he had, the judge said that the contentious collegium system is the best method for appointing judges

Mumbai: Former chief justice of the Bombay high court R D Dhanuka, who retired on May 30 after a stint of just three days in the top post, is of the belief that the principal seat of the high court in Mumbai needs at least 50 judges to ensure that litigants get expeditious justice.

Former chief justice of the Bombay high court R D Dhanuka retired on May 30 after a stint of just three days in the top post. (HT PHOTO) PREMIUM
Former chief justice of the Bombay high court R D Dhanuka retired on May 30 after a stint of just three days in the top post. (HT PHOTO)

While ruing his inability to do much in the short time he had, the judge who has been in the legal profession since 1985 said that the contentious collegium system is the best method for appointing judges. He also stressed that disagreements between the government and judiciary should be resolved behind closed doors.

Q. Being the chief justice of the Bombay high court for three days, the shortest tenure in the history of the court. How do you feel about it?

A. I’m happy that the collegium thought I was capable of occupying the post. In the past there were judges who served for 15 to 17 years and retired as judges. I am very satisfied that the collegium decided to recommend my name for elevation though I was a judge for only 11 years and four months. Though my friends and relatives had expected the tenure to be for a longer duration, it did not go through.

Q. What according to you are the main problems in the Bombay HC?

A. Though I was the CJ for only three days, I had been on the administrative committee of the court for some time. Though there are many problems that need to be addressed, the most important one is reducing pendency of cases. The pendency is due to multiple reasons and the shortage of judges is one of them. While the sanctioned strength of the HC is 94, it is functioning with 40 permanent judges and 23 additional judges.

Another problem is that senior lawyers are not willing to take up the post of judge as it would imply sacrificing their lucrative practice. Even though some of the senior advocates are invited to take up the duty, they decline it. The principal seat at Mumbai requires at least 50 judges the remaining judges can be distributed between Aurangabad, Nagpur and Goa depending on the requirements.

Q. What is the status of the expansion proposal for the HC building?

A. One of the main reasons for the shortage of judges apart from their reluctance is lack of sufficient courtrooms. The Central Telegraph Office is being used for court administrative work and is occupied by supporting staff, the upper floor is being renovated and turned into a digitization department. Though additional courtrooms have been added in the Annexe building, the principal seat can have a maximum of only 35-38 judges hearing cases. The solution to the problem is the 30-acre land which has been allotted by the state government at Bandra (E) for setting up of a court complex. However, there are many hurdles that need to be overcome before the HC can be shifted there.

Q. What is your view on the issue of collegium and the executive?

A. I do not want to speak much about it, but I feel that the collegium system is transparent and independent and though there is room for improvement it should not be replaced. The system of appointing judges is not as simple as just recommending the name of any advocate for judgeship. The chief justice has to first assess the lawyer and see whether he or she is capable of taking up the post. The chief justice also assesses the integrity, knowledge and level of the incumbent before recommending a name for judgeship. Former chief justice Dipankar Datta who is now a Supreme Court judge, used to visit Aurangabad, Nagpur and Goa regularly to find suitable and proper candidates for appointing them as judges. He had advised members of the collegium and the future chief justices to continue this process to identify and find the most suitable candidates. The disagreements between the government and Collegium need to be resolved amicably through dialogue behind closed doors.

Q. Which is your most memorable case?

A. There are many such cases, but I would like to recall a second appeal case which was admitted by my father justice D R Dhanuka in 1993. The case had been relegated to pending cases till it came up before me in 2013. I did not agree with the views expressed by my father while admitting the case and dismissed it. Advocate V S Gokhale appearing in the case jocularly remarked that my father was very liberal. However, my father commended me and said that it was proof that I was independent and was not influenced by anything or anyone. It was a huge boost to my confidence.

Another case is the petition challenging the state government rule making it mandatory for the students from non-Maharashtra state board schools to appear for a CET exam consisting of the SSC board syllabus to bring parity in the results of state board school students for admission to FYJC. The division bench presided by me set aside the circular issued by the state government education department.

During my practice and even during my tenure as judge I always encouraged litigants to resolve issues amicably through dialogue as litigation could be long drawn. Those who benefited have thanked me for the advice, such cases also find a special place in my memories.

Q. What is your advice to budding lawyers?

A. As a junior lawyer, I had worked very hard on a case and had prepared a voluminous note to address the court. However, when the case was listed, the judge simply dismissed the case and I thought my efforts had gone to waste. But my father told me that I should learn from it. I have always encouraged juniors, who are sent for seeking adjournments, to explain their understanding of the case they represent.

I have always adopted the use of simple language both during hearings and authoring orders and judgements. Lengthy order and judgements containing proper explanations can reduce confusion and additional litigation.

Q. What are your future plans?

A. This is my third innings and I have started practicing again. I have already taken up an arbitration matter and will continue to deal with such cases and mediation. It is very satisfying to see that litigants resolve their issues without having to knock on the doors of the judiciary.

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