The Supreme Court recently criticized its registry for failing to list cases as directed by the Court, emphasizing that the registry can’t refuse to list cases based solely on a litigant’s non-compliance with procedural requirements.
A bench comprising of Justices Abhay S Oka and Augustine George Masih made this clear in an order dated December 20, highlighting that when cases are specifically assigned to a bench through judicial orders, the registry must comply and list the cases for hearing, regardless of any procedural shortcomings by the litigant.
The Court’s remarks came during a case concerning 6 pleas related to the Hashimpura massacre, which had not been listed despite prior orders from the Court. The registry declined to list the cases, citing the petitioner’s failure to provide proof of service of the pleas to the caveators, as required by Rule 2 of Order XV of the Supreme Court Rules, 2013.
However, the Court found no provision in the 2013 Rules that allows the registry to withhold listing a case if the Court has explicitly directed its listing, even in cases where procedural requirements are not fully met. The Court emphasized that, in cases of extreme urgency, the registry cannot use procedural non-compliance as a reason to refuse to list a case.
The Court further explained that, under Section 148A of the Code of Criminal Procedure (CrPC), a petitioner seeking interim relief must notify the caveator of their application.
However, in appeals or Special Leave Petitions (SLPs), a caveator does not have the right to be heard on the issue of granting leave or admitting the appeal, only on interim relief matters.
The Court made it clear that if there is a directive to list a case, the registry should do so, with an office report highlighting any failure by the petitioner to meet procedural requirements. Although the Court refrained from taking action against the registry officials for their non-compliance, it expressed hope that such incidents would not recur.
The Court concluded by directing the registry to list all pending matters related to this issue on January 17, 2025.
