'Hope We Won't Be Forced To Protest' : SCBA President Writes To CJI For Urgent Listing Of Matters Concerning 'Lives And Livelihoods' Of Members

Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association has written a letter to the Chief Justice of India Dr DY Chandrachud regarding the listing and hearing of two urgent matters pertaining to the "lives and livelihoods" of the SCBA members. Through the letter, Senior Advocate Vikas Singh has said that he hopes that SCBA is not forced to resort to protesting due to not being treated as an ordinary litigant, and being given an unfair treatment by not being given its due importance. 

"Given this unfair treatment, we hope and trust that a situation will not be created to force us to resort to a dignified form of protest".

Through the letter, he has submitted that it has always been the practice of the Supreme Court that matters listed on a Miscellaneous Day are heard on that day itself and normal hearing matters are not taken up on miscellaneous day at the cost of miscellaneous matters. The reason behind the same, as per the letter, is that miscellaneous matters have a pre-fixed dates for hearing where clients and sometimes lawyers come from outstation. While stating that it was only in rare cases where miscellaneous matters were not called out due to a heavy board, the letter submits that in case the matter is not called out, it gets listed automatically on the next available Miscellaneous day. 

The letter seeks for the listing and hearing of two matters–

1. SCBA v. Ministry of Urban Development & Ors | WP (C) No. 640/2022

This petition was filed by the SCBA seeking mandamus directing the Ministry of Urban Development to grant permission for the conversion of the entire land of 1.33 acres allotted to the Supreme Court behind the petrol pump near ITO as chamber block for lawyers. While notice was issued by the Supreme Court on 12th September, 2022, and the matter was heard on 3rd November 2022, it was later adjourned to 21st November 2022. Eventually, the next date was given as 9th January 2023. However, on 9th January 2023, the bench rose at 4:30 PM and the matter could not be heard. The matter was again mentioned on 10th January 2023 but no date for listing was provided. As per the letter–

"Chambers in advocates profession play an integral role in their practice. The site plan for construction of chambers on the 40% of the land was ready in the tenure of Hon'ble Mr Justice NV Ramana (former CJI) who even wanted to lay the foundation of the chamber block, however, the said piece of land being the last piece of vacant land available near the Supreme Court, the SCBA file the present writ petition seeking the entire land admeasuring 1.33 acres for construction of chambers for its members. This indefinite delay in hearing of the matter is affecting the livelihood of the members of SCBA."

2. SCBA Multi State Cooperative Group Housing Society Ltd. v. Aftab Alam & Anr & connected matters | Contempt Petition (C) No 80 of 2022

This petition concerns effecting urgent repairs to the 'Supreme Towers' constructed for the Supreme Court Bar Association Multistate Group Housing Society Ltd in Noida, where more than 700 lawyers with their families are residing. As per the letter, the Supreme Court via its order dated 21.03.2022 had requested Justice Gita Mittal, former Chief Justice of the High Court of Jammu and Kashmir and Ladakh to intervene in the matter and submit a report after ascertaining the view of the members of the society on the work of repair. After a detailed deliberation with the members of the society, a report was submitted on 17.0 8.2022. Thereafter, the matter was listed on various dates, however no hearing took place. As per the letter–

"The inhabitants of the society are living under constant threat to their lives. The condition of the building is pathetic. The building of Supreme Towers within just five years of possession started looking like 100 year old building. The roof/ceiling of the apartments have fallen down in some flats and the inhabitants luckily survive. The plaster keeps falling from balconies any time of the day. Water is logging in basement at several places. Iron rods from linters are coming out at several places and has got rusted."

As per the letter, due to the matter not being heard, there had been a delay in signing of the agreement by which the renovation work had to be carried on. This delay could cost the life of SCBA members as per the letter. 

"By declining the request made by SCBA for hearing in the matter, SCBA is being treated worse than an ordinary litigant. We are now getting a feeling that the SCBA, since it has never resorted to strike in its history, is not being given its due importance. Given this unfair treatment, we hope and trust that a situation will not be created to force us to resort to some dignified way of protest."

Click Here To Read Letter

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Don't Tell Me Practice, I'll Decide What Practice Happens In My Court: CJI DY Chandrachud To Sr Adv Vikas Singh