Supreme Court Seeks Explanation From Registry Against Listing Of Case Without Following Proper Procedure

The Supreme Court on Monday (May 6) sought an explanation from its Registrar (Judicial) against the listing of the case without following the proper procedure.

The Special Leave Petition (Criminal) was filed and it was listed before the court without an exemption from the surrender application. This being not the practice of the court, the Bench comprising Justices JK Maheshwari and Sanjay Karol asked the registry how the matter came to be listed without following the proper procedure.

"We cannot let off like this.", the Bench said before passing an order.

"Along with the SLP, the surrender certificate must be on record otherwise an application seeking exemption from surrender ought to be filed which is required to be listed before the chamber judge. On passing of an order by the chamber judge, it would be listed for passing an order to grant an exemption by the chamber judge, the SLP is required to be listed. In the present case no such procedure has been adopted.", the court said in an order.

The court directed the Registrar (Judicial) to look into the said procedural lapse and submit an explanation within a week.

The matter is listed for next week along with an explanation.

This is not the first time that the Supreme Court expressed displeasure over the registry's failure to list cases despite judicial instructions. Previously, a bench led by Justice Abhay S Oka noted with dismay that a civil appeal ought to have been listed on a Thursday, as directed, instead of Friday when it was listed. Justice Oka orally observed, "What is worrying is that some members of the staff have bye-passed the judicial order directing listing of the civil appeal."

Also, the bench led by Justice (Retd.) Aniruddha Bose pulled up the Registry for not listing a matter related to Adani Power Rajasthan Ltd despite a judicial order to post it on 23.01.2024.

In another case, Justice Oka last year pulled up the registry for shifting the blame on court masters for non-compliance with the court's orders, calling it a 'very sorry state of affairs'.