NEW DELHI: Senior advocate and former Supreme Court Bar Association president Dushyant Dave has written an open letter to the Chief Justice of India pointing out irregularities in listing of cases in the apex court and some “sensitive” matters being shifted from one bench to another.
In the seven-page letter, Dave said that he had taken recourse to writing the letter as an appointment sought by senior Bar members to meet him was not granted.He said that as Master of Roster, the CJI alone had the prerogative to constitute a bench and allocate cases to it.
Cases involve issues like rights, freedom of speech: Dave
The roster, once prepared, must guide assignment/allocation of work to a bench, including work reallocated due to non-availability of a bench, Senior advocate and former Supreme Court Bar Association president Dushyant Dave said in the letter.
“I have come across a number of cases listed before various hon’ble benches upon first listing and/or in which notice have been issued, being taken away from those hon’ble benches… Despite first coram being available, matters are being listed before hon’ble benches in which second coram presides. Matters listed before Court No. 2, 4, 6, 7 amongst others have been shifted out and listed before other hon’ble benches in clear disregard of rules, the Handbook on Practice and Office Procedure referred above and established practice and convention,” the letter stated.
“Curiously, the seniority of the first coram is also being ignored in doing so. Our attention has also been drawn by esteemed colleagues… on record about various cases in which they have appeared in the first instance on numerous occasions and later the matter being listed before different benches. It would not be proper for me to enumerate these matters as many of them are pending,” Dave stated.
The senior advocate said that these include some sensitive matters involving human rights, freedom of speech, democracy and functioning of statutory and constitutional institutions.
“On your appointment, strong hopes were created in the minds of citizens that under your Leadership, the Supreme Court of India will rise to greater heights, the march towards which has somehow paused for some time earlier. The scars caused on account of such improprieties in the past few years on justice delivery have not healed as yet,” Dave said in his letter to the CJI.
In the seven-page letter, Dave said that he had taken recourse to writing the letter as an appointment sought by senior Bar members to meet him was not granted.He said that as Master of Roster, the CJI alone had the prerogative to constitute a bench and allocate cases to it.
Cases involve issues like rights, freedom of speech: Dave
The roster, once prepared, must guide assignment/allocation of work to a bench, including work reallocated due to non-availability of a bench, Senior advocate and former Supreme Court Bar Association president Dushyant Dave said in the letter.
“I have come across a number of cases listed before various hon’ble benches upon first listing and/or in which notice have been issued, being taken away from those hon’ble benches… Despite first coram being available, matters are being listed before hon’ble benches in which second coram presides. Matters listed before Court No. 2, 4, 6, 7 amongst others have been shifted out and listed before other hon’ble benches in clear disregard of rules, the Handbook on Practice and Office Procedure referred above and established practice and convention,” the letter stated.
“Curiously, the seniority of the first coram is also being ignored in doing so. Our attention has also been drawn by esteemed colleagues… on record about various cases in which they have appeared in the first instance on numerous occasions and later the matter being listed before different benches. It would not be proper for me to enumerate these matters as many of them are pending,” Dave stated.
The senior advocate said that these include some sensitive matters involving human rights, freedom of speech, democracy and functioning of statutory and constitutional institutions.
“On your appointment, strong hopes were created in the minds of citizens that under your Leadership, the Supreme Court of India will rise to greater heights, the march towards which has somehow paused for some time earlier. The scars caused on account of such improprieties in the past few years on justice delivery have not healed as yet,” Dave said in his letter to the CJI.