Jharkhand High Court Full Bench stays Division Bench order halting operation of new case listing procedure

A Full Bench of the Jharkhand High Court recently stayed a Division Bench's direction to the registry to not give effect to a standing order issued by the Chief Justice in relation to the procedure for filing and listing of cases..A bench of Acting Chief Justice Sujit Narayan Prasad, Justice Rajesh Shankar and Justice Arun Kumar Rai passed the stay order in a suo motu public interest litigation."In testing the order of learned Division Bench, we are also satisfied that if immediate recourse is not taken, it will result into irreparable loss and injury as the entire filing system will get altered creating a mess and chaos in the registry and filing system," the Full Bench said in the order passed on August 1..The suo motu case was initiated after the High Court's Registrar General raised a query about the system to be followed by the registry in wake of the Division Bench's stay order against standing order issued by the then Chief Justice BR Sarangi.Considering the situation created by the Division Bench's order dated July 30, the Full Bench invited the members of the bar to assist it regarding the issue..The Court found that that the principles laid down by the Supreme Court for granting ad interim stay had not been taken into consideration by the Division Bench.It also noted that Division Bench's observation that the lawyers were facing difficulty due to the standing order, was not backed by any material as no complaint or grievance had been made by any of the parties."It also needs to be referred herein that the Standing Order has not been questioned by anyone and, as such, in absence of any motion, the said order has been passed," the Court added..The Division Bench had earlier opined that the standing order issued by the Chief Justice on the administrative side was in derogation of the Jharkhand High Court Rules.It had also observed that standing order was not approved by the Full Court and had thus, ordered that till the Jharkhand High Court Rules is amended, the cases be listed as per the existing procedure.The order was passed by the Division Bench in a criminal appeal which had been listed without registration. The counsel in that matter had also submitted that he did not even know about the listing of the case.The Division Bench in that order had also taken note of the alleged grievances of lawyers regarding the Standing Order. .However, the bar leaders before the Full Bench said that there was no objection as of now since things, which are to be streamlined, will take some time.It was also submitted that no submission regarding bar members facing severe difficulty was made before the Division Bench..The Full Bench then proceeded to deal with the issue on merits and found that, prima facie, there was no conflict between the Rules and the Standing Order.The Standing Order rather was a reiteration of the provisions mentioned in the Rules, to streamline the filing and listing system, it added..In particular, the Full Bench relied upon Rule 70 of the Jharkhand High Court Rules which gives the Chief Justice an absolute power to issue instructions from time to time with regard to the procedure of filing, especially having regard to computerization requirements."Thus, the aforesaid statutory provision as contained under the Rules gives absolute power to the Chief Justice of this court to regulate the system of filing and listing of the case," it said.With respect to the issue being referred to a Full Bench, the Court pointed to the Rule 15(1) of the Jharkhand High Court Rules and observed,"There is no reference that this issue is required to be sent before the Full Court for its concurrence and the reason is obvious that when the absolute power has been conferred to the Chief Justice of this Court to issue instruction which shall be enforceable as being part of Chapter-VIII and in such circumstances, if the decision taken in the administrative side by the Chief Justice of this Court in regulating the procedure of filing and listing is sent before the Full Court for concurrence, then the power conferred to the Chief Justice of this Court will be abrogated.".Thus, the Court stayed the Division Bench's order. It further asked the State Bar Council and Advocates’ Association to file their affidavits."The learned Registrar General is directed to file affidavit showing the occasion for issuance of the Standing Order No.9 of 2024 dated 09.07.2024," it ordered further.The matter will be next heard on August 6..[Read Order]