Supreme Court Dismisses Party-In-Person's Writ Petition Alleging SC Registry's Delay In Listing Case

The Supreme Court on Thursday dismissed a writ petition filed by a party-in-person alleging delay in the listing of a special leave petition filed by him.

The writ petition was filed by one Abhishek Kumar Mishra making the Supreme Court of India through its Secretary General the respondent.

Mishra told a bench headed by the Chief Justice of India that he had filed a special leave petition in the Supreme Court on November 5, 2020, against a Delhi High Court order which refused visitation rights over his child. He submitted that his grandmother was at death bed at that point of time, and she was persistently expressing a wish to meet the kid for the last time.

Mishra further said that the Registry did not list the petition early despite several requests made by him. Ultimately, his grandmother passed away on November 24, 2020, even before the petition got a listing, he added.

In these circumstances, he filed a fresh writ petition against the SC Registry.

The bench headed by the CJI expressed its disinclination to entertain the petition at the outset.

"We don't understand what you are saying. Court procedure is not responsible for denial of your visitation rights or for death of your grandmother", CJI said.

"I am saying I was entitled to get a hearing from the court, as per her last wish", Mishra replied.

"Much as we sympathize with you, much as we condole your grand mother's death, we cannot grant listing based on some relative's health. We  can grant you circulation. But don't make these allegations", the CJI observed.

The bench also took exception to certain wide allegations and sweeping comments made in the petition.

"You seem to have a problem with whole world. Why do you write all these in the petition..that lawyers call judges lordship...We never asked to be called lordships. There is a law of pleadings. Only relevant facts can be pleaded", the CJI said.

"You filed a Writ Petition against a Family Court order. We don't know who is advising you", the CJI added.

Mishra replied that he has no other remedy against an interim order of Family Court except a civil writ petition.

"Anyway you apply for circulation in regular procedure. You will get circulation. We are dismissing this", the CJI said.

Last year, the Supreme Court had dismissed a writ petition field by an advocate who alleged that the SC Registry was showing favoritism in listing matters. A bench headed by Justice Arun Mishra(since retired) had dismissed that writ petition filed by Advocate Reepak Kansal with costs of Rupees 100, observing that the Registry was being blamed unnecessarily.