ANIL GIDWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE case of the petitioner in this public interest litigation is that his vehicle Hyundai Santro bearing license plate No.MH-02-PA 2381 was towed away by the traffic police and he was charged for violation of traffic offences. The petitioner has appeared in the trial Court in Case No.5957/T/2007 and questioned the act of towing. The grievance of the petitioner in this petition is that there has been unnecessary delay in disposal of the said case and he had to appear before the trial Court time and again which has caused tremendous waste of time and loss of earnings which violates his constitutional right to life and liberty for the violation of an offence of trivial nature and that the matter was unnecessarily adjourned time and again. The petitioner has therefore by the PIL inter alia prayed for a direction that the time limit for speedy disposal of the trial, need to be laid down.

(2.) THIS Court by an order dated 28th January, 2010 had directed the concerned Magistrate to dispose of the complaint against the petitioner within 30 days from the receipt of the order and also called a report from the said Magistrate. By order dated 31st March, 2010 this Court recorded, that the petitioner's case has been disposed of and he was acquitted. The grievance of the petitioner, therefore, on that count has been redressed.

(3.) UNDER Article 235 of the Constitution of India the High Court exercises control over the District Courts and Courts subordinate thereto and this power of control extends to the recruitment, promotion and conditions of service of Judicial Officers belonging to the District Court and subordinate Courts and also other quasi judicial authorities which fall under Article 235 of the Constitution of India. Though it is a Full Court that exercises its control, for effective control the Full Court appoints a Committee of Judges, who on behalf of the Full Court exercise their powers. Such an exercise has been judicially upheld by the Supreme Court. There is, therefore, effective control over the functioning of subordinate courts.