‘Neither Transparent, Nor Efficient’: SCAORA Opposes Newly Adopted Procedure For Mentioning Urgent Matters

Ahead of the resumption of normal court functioning after the annual summer break in July, the top court notified a major change in the previous system of mentioning. Among other things, the practice of unlisted mentioning was disallowed. Under this new regime, lawyers can make an appeal during the mentioning hour in the chief justice’s court for an out-of-turn hearing of only those verified fresh matters that were submitted for such urgent mentioning on the previous day before 3 PM. To secure an urgent hearing for a matter with ‘exceptional urgency’, a lawyer would have to submit by 10:30 AM, a mentioning proforma along with a letter of urgency indicating why it cannot be mentioned on the next day. These documents would then be placed before the chief justice during lunch recess or as the ‘exigency warranted’.

The streamlining of the process of oral mentioning of urgent matters, however, has left the SCAORA unhappy. Expressing its dissatisfaction, the lawyers’ body said that this new mechanism has proven to be a ‘great impediment’ in listing of urgent matters, and is neither transparent, nor efficient leading to a spate of complaints from its members. The resolution reads:

“…The new procedure which requires matters to be mentioned only after verification, has proven to be a great impediment in listing of urgent matters. [It] has neither proved to be efficient nor transparent as envisaged. The SCAORA receives daily complaints from its member advocates-on-record that their urgent matters are not being listed, therefore causing harm to the interest of justice for litigants and loss of work and reputation for lawyers.”

The association has, therefore, urged Chief Justice DY Chandrachud to allow the mentioning of urgent matters immediately after they are registered following the removal of defects.