SC Pulls Up Bengal Magistrate For Claiming Loss Of Jurisdiction After Missing Case Disposal Deadline

(MENAFN- IANS) New Delhi, Sep 30 (IANS) The Supreme Court has disapproved the conduct of a Judicial Magistrate in West Bengal's South 24 Parganas, who claimed to have lost jurisdiction in a pending matter after failing to meet the timeline set by the apex court.

A Bench of Justices Pankaj Mithal and Prasanna B. Varale noted that when the Judicial Magistrate, 4th Court at Alipore, was unable to dispose of the matter within the stipulated timeline, he passed an order on March 19, 2024, stating that he had ceased to have jurisdiction.

The Justice Mithal-led Bench took a stern view of the development and said,“We are pained to note the manner in which the order has been passed by the learned Judge. If, for any reason, the Judge was not able to dispose of the matter within the prescribed time period fixed by this Court, the appropriate remedy available to him was to ask for extension of time, but he cannot say that he has lost jurisdiction over the matter as the time allowed has lapsed.”

The apex court directed the concerned District Judge to seek an explanation from the Magistrate and submit a report within a month.

“He has to state as to why and under what circumstances, he has reported that he has ceased to have jurisdiction over the matter and would not proceed any further thereof,” the SC order stated.

The apex court registry has also been directed to forward a copy of the order to the relevant authorities for necessary action.

Senior advocate Rahul Kaushik, appearing for the petitioners, sought two weeks to file a response and place on record the reasons for the delay.

A miscellaneous application was filed after an earlier top court order passed on January 18, 2024, had directed the Judicial Magistrate to dispose of the case within six weeks.

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