One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me with concerns about his writ petition pending in High Court of City A. During our consultation, he expressed anxiety about whether the judge would have adequate time to review his case, given that he observed 60-80 cases listed for each court session. He had attended several hearings where each case received only a few minutes of court time. Mr.X was worried that his complex constitutional matter involving violation of fundamental rights by ABC Government Department might not receive proper judicial attention. His concerns were valid as he noticed lawyers making brief arguments while judges managed heavy case loads. This situation is common across High Courts in India where judicial infrastructure struggles with increasing litigation volume.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Prepare comprehensive written submissions to assist the court in understanding your case quickly
• Request for adequate hearing time if your case involves complex legal issues
• Ensure all documents are properly indexed and organized for easy reference

Applicable Sections of Law

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 468 deals with court procedures and case management. Article 226 of the Constitution empowers High Courts to issue writs including mandamus, certiorari, and prohibition. Section 482 of BNSS provides inherent powers to High Courts to prevent abuse of process. The High Court Rules govern case listing, adjournments, and hearing procedures. These provisions ensure that despite heavy case loads, fundamental rights to fair hearing and access to justice are maintained through proper judicial administration.

If You Are the Complainant

• File detailed written submissions highlighting key legal points and precedents
• Prepare a case summary with timeline of events for quick judicial reference
• Ensure all supporting documents are properly paginated and indexed
• Request priority hearing if the matter involves urgent constitutional or public interest issues
• Maintain regular follow-up on case status and listing dates

If You Are the Victim

• Document all instances of rights violations with dates and evidence
• Prepare victim impact statements for court consideration
• Seek interim relief through appropriate applications if immediate protection is needed
• Maintain communication with legal counsel about case progress and strategy
• Understand that judicial process takes time but ensures thorough consideration of all aspects

How the Police Behave in Such Cases

In matters involving High Court proceedings, police typically respond to court directions promptly. They may be required to file status reports, provide protection to parties, or implement court orders. Police generally show more compliance when High Court issues are involved compared to regular criminal matters. However, enforcement of writ orders sometimes requires follow-up applications for contempt proceedings.

FAQs People Normally Have

Q: Do judges really read all case files beforehand? A: Judges review case files, but with heavy loads, they rely heavily on written submissions and lawyer arguments during hearings.

Q: Why do cases get only few minutes of hearing time? A: High Courts manage large volumes of cases daily. Effective case management requires crisp presentations and well-prepared written submissions.

Q: Can I request more hearing time? A: Yes, if your case involves complex legal issues, you can seek adequate hearing time through proper application.

Q: What if my case gets repeatedly adjourned? A: This is common due to case loads. Maintain patience and ensure your lawyer tracks listing dates properly.

What Evidence Is Required?

• Original petition with proper verification and supporting affidavits
• Documentary evidence of the disputed action or violation
• Government orders, notifications, or official communications
• Legal precedents and case law citations
• Expert opinions or technical reports if applicable
• Correspondence between parties showing attempts at resolution
• Witness statements if factual disputes exist

How Long Will the Investigation Take?

High Court writ petitions typically take 6 months to 2 years for final disposal, depending on complexity and court schedules. Simple matters may be resolved in few hearings, while complex constitutional issues require detailed arguments. Interim orders can be obtained within few weeks. Case disposal time varies significantly based on court workload and the nature of relief sought.

Advocate Sudhir Rao, Supreme Court of India