Gujarat High Court To Prioritize Listing Of Bail Matters In Order Of Fresh Cases, Followed By Date-Fixed And Undated Matters

Oza submitted that bail petitions filed two months ago were placed at a significantly lower priority with a further distinction between "notice matters" and "rule matters". "Registry says we will put notice matters above rule matters...it may be kept as per seniority," he urged.

Chief Justice Agarwal explained that initially, there were no specific rules governing the sequence of listing bail matters and each court had the autonomy to decide how to prioritize cases. 

“Normally the Courts decide in what manner they want to take up the matter. But fresh matters are generally and normally in every court at the top...I have seen the full court decision which says that fresh matters have to be at the top, thereafter notices and adjourn matters and thereafter rest of the matter. After notice and adjournment matter, the Court decides whether they want to take up the final hearing matter first, whether they want to take up those matters where rule is returned or not.”

CJ Agarwal suggested that lawyers should approach the court directly to request a change in the listing. However, Oza mentioned that the Court had directed him to address such matters to the registry.

The CJ pointed that even the registry had limitations in this regard and said she will instruct the Registry to ensure listing of bail matters in following order: fresh matters, followed by date fixed matters in seriatim and thereafter undated matters.

Satisfied with this solution, Oza requested the CJ to ensure that the registry understood that date-fix matters included all cases, regardless of whether they were rule or notice matters.