Rajasthan High Court Stays Single-Judge's Order Mandating Segregation Of 'Chaotic' Common Cause List

In a recent development following a single judge bench admonishing the registry for creating a 145-page long 'common cause list', a Division Bench has placed an interim stay on the erstwhile direction to segregate the List as Cause List (I) and Cause List (II). According to the observations made by the single judge bench, these lists were to contain specific notes 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. 

The Division Bench of Dr. Justice Pushpendra Singh Bhati and Justice Munnuri Laxman noted that since the matter requires careful consideration, it should be renotified in the second week of July 2024. The court explained that it couldn't hear the matter in detail at the moment due to the paucity of time.

“…In the meanwhile, effect and operation of the order dated 27.03.2024 so far as the directions given in paragraph 6 shall remain stayed…”, the court noted in the order.

The Division Bench also clarified that the Registry is at liberty to place the subject matter mentioned by the single-judge bench that warrants consideration before the Chief Justice.

The Senior Counsel appearing for the appellant court had argued that the Chief Justice of the High Court alone is the master of the roster. According to Rule 73 of the Rules of the High Court of Judicature for Rajasthan 1952 and paragraph 44 of the Rajasthan High Court Ordinance, 1949, preparation of the cause list and other administrative issues are dealt by the Registry based on the instructions given by the Chief Justice of the Court, he contended.

The matters of listing and designating cause lists to the substitute Benches and additional cause lists to a Bench are issues that directly fall under the aforementioned laws wherein the Chief Justice has the final say, the counsel for the appellant further submitted.

The counsel also placed reliance on the apex court decision in the State of Rajasthan v. Prakash Chand 1998(1) SCC 1 to underscore that it's the Chief Justice's prerogative to see which cases a judge is required to hear and which Judges shall constitute a Division Bench, and what work those Benches shall do.

Background

On March 27, the single-judge bench of Justice Arun Monga pulled up the registry for the reason that the cause list on that day lacked clarity and contained a staggering number of 1609 cases. On that occasion, Justice Monga also mentioned that the alternative mode of denoting cases by using the terms Cause List (A) & (B) can also be put to use instead of Cause List (I) and Cause List (II). Either of these measures would prevent the confusion that happens when the cause lists are merged, the court had opined then.

In certain cases, the court stated that some of the counsels had anxiously urged it 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.

Though the court observed that a 'labyrinthine situation' akin to 'scrambling an unscrambled egg' has arisen in navigating the 'chaotic' cause list, the Registrar (Judicial) replied that such practice of publishing a common cause list is a customary practice.

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

For Appellant: Dr. Sachin Acharya, Sr. Advocate assisted by Mr. Chayan Bothra and Mr. Samyak Dala

Case Title: The High Court of Judicature for Rajasthan, through Registrar General v. State of Rajasthan & Ors.

Case No: D.B. Spl. Appl. Writ No. 480/2024

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