SC Vacation Bench Denies Senior Advocates To Mention Or Argue Cases

A vacation bench of the Supreme Court on Tuesday refused to grant senior counsel to mention or argue cases before it.

A bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah told at least three senior advocates that instructing counsel or advocates-on-record (AoRs) should be allowed to argue and mention matters while the Court is on vacation.

Senior advocate Abhishek Manu Singhvi was one of those who mentioned it in the morning, prompting Justice Nath to say,

“Mr Singhvi, we will not hear you for mentionings during vacations. Tell your AoR to mention.”

The AoR then brought up the matter and was able to secure a listing date.

When senior counsel Anjana Prakash appeared before the bench, a similar exchange occurred.

“What are you doing here during vacation? We will not hear you, but we shall hear the counsel next to you“, the bench stated.

Senior Advocate Siddhartha Dave attempted to argue that other vacation benches had not imposed such a rule during the vacation.

As a result, Justice Nath reiterate,

“Mr. Dave, we will not allow seniors during vacation. Not in my court.”

“We have been transparent in this,” Justice Amanullah remarked.

Dave then sought an adjournment in another case involving anticipatory bail.

When the petition challenging the grant of pre-arrest bail to YS Avinash Reddy, a Member of Parliament, was heard, Senior Advocate Siddharth Luthra made way for the petitioner, Suneetha Narreddy, to argue in person.

During the hearing, Luthra raised some concerns about the order granting bail. However, this prompted Justice Nath to say,

“Mr. Luthra, you will put us in trouble of discriminating. Else, others will say … we are not allowing (all seniors) but you can enter and assist in court.”

Other vacation benches of the Apex Court, on the other hand, have permitted senior counsel to argue cases, particularly in bail and transfer petitions.

In addition, the current bench heard senior advocate Vivek Sood in a bail case yesterday.

The other vacation bench, comprising Justice Hima Kohli and Justice Rajesh Bindal, heard senior counsel in some matters today.

Former Chief Justice of India (CJI) NV Ramana had also discouraged senior counsel making mentions in front of him. He had stated that the purpose of having a mentioning officer at the Top Court was to ensure that senior advocates are not given preference when it comes to mentioning matters.