New Delhi: In a sharp rebuke that echoed through Courtroom No. 5 on Monday, the Supreme Court pulled up a West Bengal trial judge for refusing to continue a case simply because a deadline set by the apex court had lapsed. The bench of Justices M.M. Sundresh and S.V.N. Bhatti called the lower court’s move “uncommon” and “painful to note,” making it clear that a missed timeline cannot become an excuse to abandon a case midstream.
Background
The dispute began in a criminal appeal titled Shiv Kumar Shaw & Anr. vs. Rekha Shaw. Back in January 2024, the Supreme Court had ordered the Judicial Magistrate, 4th Court at Alipore in South 24 Parganas, to wrap up proceedings in case AC-2053/2017 within six weeks. But when the deadline came and went, the trial judge did not seek more time. Instead, on 19 March 2024, he passed an order saying he had “ceased to have jurisdiction” because the Supreme Court’s schedule had expired.
Court’s Observations
The apex bench expressed strong displeasure. “We are pained to note the manner in which the order has been passed,” Justice Sundresh said while dictating the ruling. He stressed that when circumstances prevent a judge from meeting a Supreme Court deadline, “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.”
Justice Bhatti added that such reasoning “defies the basic structure of judicial responsibility,” noting that trial courts cannot surrender authority unless specifically divested by law. The bench described the lower court’s stance as “unusual” and potentially harmful to litigants waiting for justice.
Decision
The Supreme Court has now directed the District Judge of South 24 Parganas to obtain a written explanation from the magistrate concerned and file a report within one 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,” the order records.
With that direction, the apex court restored clarity: deadlines set by higher courts are meant to hasten justice, not to give trial judges a reason to wash their hands of a pending case. The matter will move forward once the explanation is placed before the Supreme Court.
Case Title: Shiv Kumar Shaw & Anr. vs. Rekha Shaw
Date of SC Order: September 2025