Chief Justice of India Surya Kant on Monday informed that the Full Court has decided to constitute a three-judge committee to examine concerns regarding the sequencing of cases for hearing, following submissions by Senior Advocate Gaurav Bhatia highlighting the difficulties faced by lawyers due to last-minute changes in the daily cause list sequence.
Mentioning the issue before the Bench, Bhatia said there was a broad consensus among members of the Bar that the present system was creating uncertainty.
“Today also the sequence was issued at 10:30 a.m. and 10:29. I have spoken to a lot of advocates and there is a broad consensus,” Bhatia submitted.
He said that while the Bar accepted measures taken in the interest of the institution, unpredictability in the listing process adversely affected effective representation.
“The Bar accepts with humility whatever is done in the interest of the institution, but Your Lordship will also appreciate that unpredictability would never lead to a good performance even by lawyers. We enter the court and then we come to know that we are supposed to be in Court No. X rather than Y because a new sequence has been issued at 10:29 or 10:30,” Bhatia said.
Responding to the concern, CJI Surya Kant said the issue had already been discussed in a Full Court meeting of the Supreme Court judges and a committee had been set up to examine it.
“The matter was taken in Full Court and it was ultimately resolved to constitute a committee. I have already constituted the committee. Their recommendations will come and then we will see,” the Chief Justice said.
According to an office order issued on July 28, the committee comprises Justice Vikram Nath, Justice PS Narasimha and Justice V Mohana. The Registrar (Judicial Listing) will also assist the committee in its work. The committee will consider measures for simplification of causelists and uniformity in taking up cases in seriatim.
The suggestions given by the Supreme Court Advocates-on-Record Association (SCAORA) will also be considered by the committee.
Recently, the Supreme Court Bar Association office-bearers also, at a public function which the CJI was presiding over, raised the issue of sequencing.
Different benches decide to take up cases in a particular sequence, which is in variance with the numerical sequence mentioned in the causelist. Benches may often opt to hear first fresh admission matters (which might be listed towards the end in the supplementary list), and the sequence in which they are proceeding is announced on the morning.
The SCBA requested either the scrapping of the sequencing system or that it be mentioned in the supplementary causelist at the time of its publication.
