No Adequate Time To Hear Miscellaneous Matters In New Listing System : Supreme Court Bench

A Supreme Court bench comprising Justices Sanjay Kishan Kaul and Abhay Oka has observed that the new listing system leaves less time to hear miscellaneous hearing matters.

According to the new listing system, regular hearing matters are taken in the forenoon session and miscellaneous matters are listed in the afternoon session on non-miscellaneous days (Tuesdays, Wednesdays and Thursdays).

The bench observed that this system leaves less time for taking up fresh matters in the afternoon.

"The new listing system is not giving an adequate time to take up matters fixed for hearing like the present case as there are number of matters within the span of 'Afternoon' session", the bench observed in the order adjourning the hearing in a case(a Special Leave Petition filed in 2021). The bench posted the matter for disposal on November 15.

The new listing system was a reform introduced by Chief Justice of India UU Lalit, with the objective of ensuring that regular hearing matters are taken up.

For the uninitiated, miscellaneous days in Supreme Court are Mondays and Fridays, where the fresh petitions are listed for admission hearings. The other days are meant for final hearing matters (called non-miscellaneous days, or NMD in SC lawyers' parlance). However, certain fresh matters after notice are listed for consideration on NMDs as well.

The earlier norm was to hear the miscellaneous matters first and the regular hearing matters after that. This meant that very often fresh matters take up the Court's time even on NMDs, leaving less time for regular hearing matters, which are taken up late, or not taken up at all.

Now, the bench led by Justice Kaul has expressed a concern that the new system is leaving less time for miscellaneous matters.

Click here to read/download the order