New Delhi: The Officers of Law interpretation organ of the State i.e. Chief Justice of India and the lawyers of the Hon’ble Apex court came together to settle the dispute regarding procedure in judicial working. The grievance was connected to the determination of the proper procedure relating to matter of adjournments and listing of cases.
The person familiar to the approach of the H L Dattu, Hon’ble present Chief Justice of India, as to the said matter, said that the approach of Chief Justice related to reduce case backlog, more especially by the reduction mark down to fifty thousands from sixty one thousands currently. As such, in order to attain this goal the Hon’ble Chief Justice had viewed that the cases are best and not deferred and also asked the lawyers to be prepared accordingly, as per the Courts officials. Similarly, the Hon’ble Chief Justice has reduced the time between listing a case and its hearing, which prior to such approach, were having week’s gap. ET spoke to those familiar with the Chief justice’s approach on the matter, many senior lawyers and some former Supreme Court justices for this report. Some spoke on the condition that they not be identified.
Whereas, the lawyers of the Hon’ble apex court are contending that, to allow the better preparation and taking care of contingencies some time adjournments becomes necessary and also it will be of top grade and will also inconvenient to the lawyers from out stations, if the time between case listing and hearing will be shortened.
Thus, the matter of such difference of opinions amongst the Supreme Court Lawyers and Hon’ble Chief Justice, was interfered by the Supreme Court Bar Association in the month February, 2015. The Supreme Court Bar Association, headed by Senior advocate, Dushyant Dave, considered the grievance and passed a resolution on such approach of Hon’ble Chief Justice of India. The reading of resolution shows, the sufficient time was not giving by the Court to the Lawyers for arguing their cases. The Association also pointed on approach of reduction of time between listing of case and it hearing, and demanded that there should be at least a week’s notice before a matter listed for hearing.
The Hon’ble Chief Justice of India has now ensured the Lawyers of the Court that, the concerns of the Association will be heard on this issue, as has been discussed in the meeting between Hon’ble Chief Justice and Association members in early March.
However, as per head of the Association, Advocate Dave, the issues have been sorted out to mutual satisfaction. As per some of Advocates and former Chief Justices, the speed in considering and determining matters is necessary considering need of disposal of pendency of matters, however, the similar importance is required for actual meaning of justice and the purpose of the Apex judicial authority.
by Faim Khalilkhan Pathan.