Stress taking a toll on judges' health: Bombay High Court Justice Ravindra Ghuge

The Bombay High Court on Friday spoke candidly about the stress judges face and the need for lawyers to respect the system even while arguing for their clients.

A Division Bench of Justices Ravindra Ghuge and Abhay Mantri was hearing petitions filed by trustees Prashant Mehta and Charu Mehta challenging an order of the Joint Charity Commissioner in connection with the Lilavati Hospital row.

The judges were informed about allegations made against officials of the Charity Commissioner’s office due to “some incidents”. However, Justice Ghuge was quick to point out that such incidents happen in his court as well.

“We scold lawyers also at times. Does it mean we are against them? In the very next matter, that same lawyer will walk out with an interim order from my court. We don't carry anything home,” he remarked.

He added that judges and officers do not carry grudges home and cannot afford to, if they are to keep functioning.

“If we carried everything home with us as baggage, by now we would have been in the hospital. (Surely not in Lilavati Hospital!). The pressure is huge on this side,” the judge said, referring to recent comments made by Madras High Court Chief Justice Manindra Mohan Srivastava about similar stress.

“It is taking a toll on our health. Fortunately for me, because many of you have known me for a long time, I don't carry anything at home. Otherwise, can you imagine what would have happened?” Justice Ghuge said.

He underlined the need to acknowledge and empathise with adjudicators who are under pressure.

“Respect them. You go before them and say, ‘Please, sir’, and then you say, ‘No, my lord is…’ You can't do that. Trust them. Put your written notes. The best thing in such situations is put your written notes before the court so that he cannot say you didn't argue this, you didn't argue that."

The petitions arise from the ongoing battle within the Lilavati Kirtilal Mehta Medical Trust, which escalated after the termination of former permanent trustee Rajesh Mehta amid allegations of financial irregularities and attempts to seize control of the Bandra hospital, leading to parallel proceedings in the High Court.

On Friday, Senior Advocates Gaurav Joshi and Venkatesh Dhond clashed over whether the Joint Charity Commissioner must first conclusively decide locus and maintainability before even considering issuance of notice under Section 41D of the Maharashtra Public Trusts Act, which deals with removal or suspension of trustees for misconduct or mismanagement.

The Division Bench ultimately recorded a consensus that the Joint Charity Commissioner will hear all parties on merits, maintainability and jurisdiction, and then take a prima facie call on issuing notice.