LI Network
Published on: 10 August 2023 at 14:54 IST
The Supreme Court Advocates-on-Record Association (SCAORA) has formally requested Chief Justice of India, Justice DY Chandrachud, to reconsider the recently introduced protocol for addressing urgent matters in the Supreme Court.
Prior to the resumption of regular court operations following the annual summer recess in July, the apex court implemented a substantial alteration to the preexisting system of mentioning cases.
Notably, the practice of unlisted mentions was eliminated. Under the new framework, legal practitioners can present an appeal during the stipulated “mentioning hour” within the chief justice’s court, but only for expedited hearings related to verified and recent cases submitted for urgent mentioning on the previous day before 3 PM.
For situations requiring an “exceptional urgency” hearing, lawyers must submit a mentioning proforma along with an urgency letter by 10:30 AM. These documents will then be reviewed by the chief justice during the lunch recess or as deemed exigent.
Nonetheless, the restructured approach to addressing urgent matters has not received a favorable response from SCAORA. In expressing their discontent, the association states that the new mechanism has become a “significant hindrance” in listing urgent matters, lacking both transparency and efficiency.
The association has observed a surge of grievances from its member advocates-on-record, who report difficulties in getting their urgent cases listed.
The statement released by SCAORA reads:
“The newly introduced procedure, mandating verification before mentioning, has emerged as a notable barrier to expedited case listing. Regrettably, it has not demonstrated the envisaged efficiency or transparency.
Our association consistently receives complaints from our member advocates-on-record, outlining instances where their urgent matters are not being listed.
This not only undermines the interests of justice for litigants but also jeopardizes the professional reputation and work of lawyers.”
Consequently, the association has appealed to Chief Justice DY Chandrachud to permit immediate mention of urgent matters as soon as they are registered, following the rectification of any discrepancies or defects.