Delay in disposing case: Gujarat High Court closes contempt proceedings against 10 judges but case to form part of their service record

The Gujarat High Court on Tuesday accepted the "remorse" and the unconditional apology of the 10 judicial officers, who had failed to dispose of a suit since 2004 despite express direction of the High Court to do so by December 2005. .A division bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri closed the contempt of court proceedings against the judicial officers but cautioned them to be more diligent in work and go through the case files properly as it will only benefit the judiciary, the advocates and the litigant public. "They have expressed a deep sense of repentance and have tendered unconditional apologies. They have assured this Court that suc instances would not recur in future. We have always said that remorse must come from the heart and not the pen. In this instant case, we believe, the remorse has been expressed from heart. We, therefore, accept the apology," the bench recorded in its order. .However, the bench asked the Registrar General to keep a record of the said proceedings in the service record of all of them. "This is so that the concerned committee overseeing promotions, elevations etc can be well informed of their conduct in the past and decide accordingly. The committee can apply its mind either by not promoting them or by considering the remorse that they have accepted," the Chief Justice remarked while clarifying why the proceedings need to be recorded in their service books. .The bench had earlier expressed shock to note that 16 judicial officers, who had from time-to-time presided over a court in Anand district from December 2004 till date, failed to conclude the proceedings in the suit which was instituted in 1977. The order of the High Court to dispose of the suit latest by December 31, 2005 was blatantly violated, ignored and not implemented, the Court said. The bench had on December 16 ordered the Registrar General of the High Court to call for explanation from all the judicial officers, who presided the court before which the suit has been pending from December 2004 till today.Pursuant to the said the directions, a report was submitted before the judges, with individual responses from the judicial officers. The Court noted that from December 2004 till date, a total of 16 judicial officers presided over the concerned court, of which 10 continue to serve at various positions in the judiciary and 6 have retired. The bench also took into account the fact that 2 of these judicial officers have expired.