Kerala HC Dismisses Lawyer’s Plea Alleging Limited Listing Of Cases Before Justice Mary Joseph

The Kerala High Court on Friday dismissed a petition filed by lawyer Yeshwanth Shenoy, alleging that only a limited number of cases were being listed before Justice Mary Joseph each day, in contrast to other judges who had over 100 cases listed.

A single bench of Justice PV Kunhikrishnan was hearing the matter.

Advocate Shenoy argued that the Chief Justice of the High Court, as the master of the roster, had the exclusive authority to direct the High Court registry on listing matters, and no other judges could interfere. He contended that if the Chief Justice had directed the registry to limit the cases before Justice Joseph, it would violate Article 14 of the Constitution of India.

The lawyer expressed shock at the fact that only 20 matters were listed before Justice Joseph’s court each day, especially considering that many cases were adjourned and the judge often couldn’t complete even the short list. He emphasized that if some judges severely limited the number of cases they heard, it would undermine the efforts of other judges who handled hundreds of cases daily, worked long hours, and even worked through the night to ensure timely resolution.

In light of these concerns, the petition requested the Registrar General of the High Court to establish a standard criterion for listing matters before different courts, following the Chief Justice’s directions. Additionally, it sought a declaration that each court in the High Court should have a minimum of 50 cases listed, along with a ‘final disposal’ list, considering the backlog of cases, the right to Speedy Justice as a fundamental right under Article 21 of the Constitution of India.

It is worth mentioning that Shenoy himself is facing suo motu contempt of court proceedings initiated by a division bench for alleged misbehavior in Justice Mary Joseph’s court.

The Bar Council of Kerala issued a show cause notice to Shenoy in response, which he has challenged separately before the High Court. Furthermore, Shenoy has filed another plea requesting that cases involving advocate Prerith Philip Joseph not be listed before Justice Joseph, who happens to be Prerith’s mother.

These three cases are still pending before the Court.

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