The circular, which amends an earlier one which pegged the cut-off age at 70, was issued following representations by various organisations, which pointed out that protracted litigation takes a heavy toll on senior citizens who can neither present themselves before the court as often as is required nor afford the exorbitant cost of litigation. Apart from that, speedy disposal of cases will mean that several more litigants can hope to reap the fruits of justice in their own lifetime. In a large number of civil cases, for instance, judgements are delivered decades after the original litigant passes away.

The present circular states that the chief justice of the Bombay High Court, Y K Sabharwal, and the other judges who deliberated the matter, felt that precedence should be given by the courts for hearing and final disposal of cases where one of the parties either the complainant or the defendant -- is past the age of 65. The court will grant such indulgence on written requests made on behalf of the parties concerned, the circular states.

The circular, which amends an earlier one issued in August 1996, also states that the new rule will be applicable to the high court and its benches as well as courts subordinate to the high court. It will apply to all matters, civil and criminal, pending in any court of law in the state.

Most advocates and senior citizens have welcomed the reduction in the cut-off age, saying it will reduce the number of cases pending in the City, Civil and Sessions Court, Metropolitan Magistrates' Courts as well as the Bombay High Court.

According to 73-year-old Laxmi Agarwal who has been making the rounds of the Bandra Metropolitan Magistrate's Court since the last three years in a cheque-bouncing case she has filed against a chemical dealer, senior citizens can hope to save on advocates' fees. Advocate Hemant Kenjalkar says the circular will curtail delays in court proceedings. Advocate N Gaikwad adds that retired, middle-class citizens will stand to benefit. However Special Public Prosecutor Ashwin Modi feels otherwise. According to him, such privileges should be extended to all sections of society and not confined to a particular age group. He points out that everyone, irrespective of age, is entitled to speedy justice. One way to ensure that is to increase the number of trial courts, he adds.