Senior Advocate Dushyant Dave has written an open letter to Chief Justice DY Chandrachud, expressing his distress over certain occurrences related to the listing of cases by the Registry of the Supreme Court.
Senior Advocate Dushyant Dave notes in the letter that some of the matters being relisted by the registry pertain to “sensitive matters” involving human rights, Freedom of Speech, Democracy, and the Functioning of Statutory and Constitutional Institutions.
In the communication, Senior Advocate Dushyant Dave points out that numerous cases were transferred from the previous benches that had initially handled them. Despite the presence of the senior judge, these matters were reassigned to other benches, a practice that he contends violates the Supreme Court rules.
“I have personally come across a number of cases listed before various Hon’ble Benches upon first listing and/or in which notice has been issued, being taken away from those Hon’ble Benches and listed before other Hon’ble Benches. Despite the first coram being available, the matters are being listed before Hon’ble Benches in which the second coram presides. Matters listed before Court No. 2, 4, 6, 7, among others, have been shifted out and listed before other Hon’ble Benches in clear disregard of the Rules, the Handbook on Practice and Office Procedure referred above, and established Practice and Convention. Curiously, the Seniority of the first coram is also being ignored in doing so,” the letter states.
In his capacity as the Master of the Roster on the administrative side, Senior Advocate Dushyant Dave implores the CJI to promptly investigate and rectify this situation.
Senior Advocate Dushyant Dave references the Supreme Court Rules, 2013, and the Handbook on Practice and Procedure of the Court and Office Procedure on the Judicial side, published by the Supreme Court of India in 2017, to underscore the power of the Master of the Roster in constituting the roster, forming Benches, and allocating cases.
“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,” Senior Advocate Dushyant Dave states in the letter.