Successive bail petitions listed by Registry without judges' knowledge: Madras High Court orders inquiry

The Madras High Court on Friday ordered its Registrar General to conduct an inquiry into the unilateral listing of successive bail petitions in the same case, without the Court's knowledge and before multiple benches. .The Court remarked that there is every reason to believe that such listing of matters is being done continuously by the High Court's Registry officials on extraneous considerations. .While deprecating the practice of bench-hunting and forum shopping, the Court added that such corrupt activities have to be culled out after a thorough vigilance enquiry. ."The largescale involvements with the litigants or their counsels are to be investigated. Thus, the Registrar General, High Court of Madras, is bound to act swiftly, in order to prevent such illegal listing of cases, in violation of the Circular issued by the High Court", the Court said. .Justice SM Subramaniam, sitting at the Madurai Bench, took note of the irregularity after finding that the bail case listed before him had been dismissed by the Court nine days earlier (Palanivelu v. The Inspector of Police). .The government advocate pointed out that since there were intervening Deepavali vacations, the second bail petition was, in fact, filed within three working days. Soon after the last dismissal order was received, the second bail petition was filed on November 19, the Court observed..The government lawyer also brought to Justice Subramaniam's notice that there are other cases where successive bail petitions were being listed before another bench after the first bail petition in the case was dismissed by one bench..In this regard, he also cited the example of a murder case where the dismissal of a bail petition on November 11 was followed by the listing of a second bail petition on November 26 before another Bench..This was in violation of the Supreme Court's 2005 directive in M Jagan Mohan Rao v. PV Mohan Rao, where the top court had cautioned that, "successive bail applications should be placed before the same Judge who had refused bail in the first instance unless that Judge is not available.".Following this, the Madras High Court had also issued a circular to implement the Supreme Court directive. While this is the case, the High Court observed that the unilateral decision of the High Court Registry in listing the successive Bail Petitions, before some other Court, is directly in violation of the Supreme Court's order..Justice Subramaniam said, "... it is apparently clear that even without the knowledge of the Judges, the successive Bail Petitions are listed by the High Court Registry, before the other Court.".The Court added that such actions amounted to a clear interference with the Chief Justice's powers with it comes to roster allotment. The order reads:."It is a great surprise how the successive Bail Petitions are listed by taking unilateral decision by the Registry officials, more specifically, at their choice and at their whims and fancies ... Such an action of the High Court Registry is a clear interference with the prerogative powers of The Hon'ble The Chief Justice, in the matter of allotment of Roster. These are all not only the mere violations, it is a serious misconduct, wherein, the powers of The Hon'ble The Chief Justice is usurbed by the High Court Registry and therefore, a thorough Vigilance Enquiry is required and appropriate actions are to be initiated and the erred officials are to be punished.".The Court has, therefore, ordered the Registrar General, High Court of Madras to conduct a detailed enquiry, including a Vigilance Enquiry, into the "irregularities and illegalities being committed by the Registry Officials at Madurai Bench of Madras High Court and initiate appropriate action against all concerned, including disciplinary proceedings.".The bail petition was dismissed. .Read the order: