Navigating 'Chaotic' Cause List 'Akin To Unscrambling A Scrambled Egg': Rajasthan HC Rebukes Registry For 145-Page Cause List With 1609 Cases

The Rajasthan High Court has pulled up the registry for making a 145-page long 'common cause list' without segregating the cases from the bench that was not holding the court on March 27.

The single-judge bench of Justice Arun Monga was not pleased by the staggering number of 1609 cases listed on that particular day. He said that the cause list lacked clarity and contained many cases that were listed before the substitute bench of Justice Monga due to another bench not holding the court.

To avoid such a predicament in the future, Justice Monga opined that some pre-emptive measures must be taken.

“Accordingly, the Registry is directed that henceforth, when cases from another Bench are listed before a substitute Bench, the two cause lists must be distinctly delineated. The two cause lists shall not be merged...”, the bench sitting at Jodhpur instructed.

Justice Monga also illustrated that this inconvenience can be overcome by segregating the List as Cause List (I) and Cause List (II) with specific note in the respective cause lists mentioning whether it is the routine list of the substitute Bench or the additional cause list of the Bench not holding court. Alternatively, the two types of cases can also be denoted by using the terms Cause List (A) & (B), the court clarified.

Additionally, the registry may also include the substitute courtroom number and the name of the judge on the second cause list, i.e., an additional cause list of the bench not holding the court, Justice Monga further added.

In certain cases, it stated that some of the counsels had anxiously urged the court to give preference to their respective cases by mentioning them. The court noted that such frenzy amidst the taking up of 1609 cases had consumed much of the court's time before returning to actual court work.

However, the Registrar (Judicial) when confronted with the dilemma that the bench faced, answered that such practice of publishing a common cause list is a customary practice when the cases are listed before a substitute bench for the reason that another bench is not holding the court.

The court, not satisfied with the stand taken by the registrar, commented that a 'perplexing maze' has been created before it by the intermingling of cases without any markers to distinguish those cases that were previously under the bench's purview.

“….What baffles common sense is how the Registry anticipates this Bench to navigate through this labyrinthine situation, akin to unscrambling a scrambled egg”, the court expressed its disappointment, amused by the length of the list.

Terming the situation as nothing less than a 'chaotic' situation brought about by the Registry, the court emphasised that if one were to take up the entire list in 5 hours allocated for court proceedings, each case would 'barely get a mere 10 seconds of time'. The court also reminded that it is expected to hear the matters as well as dictate the daily orders/proceedings within this short time, rendering it practically infeasible.

The court made these observations in a case where none appeared for the respondents. The court felt that the non-appearance of the respondent side can be possibly attributed to their uncertainty as to which case would be taken up after the mentioning is over, given the lengthy cause list.

The matter has been adjourned to 18.04.2024 with time to file a rejoinder if required. It would be shown in the 'Fresh Matters' category given the urgency of the matter, the court stated in the order.

Advocate Tanwar Singh Rathore appeared for the petitioner.

Case Title: Mitthan Lal Samariya v. State of Rajasthan

Case No: S.B. Civil Writ Petition No. 17254/2023

Click Here To Read/Download Order