Supreme Court rejects SCBA plea seeking apex court land for lawyers' chambers

The Supreme Court on Thursday rejected a plea by the Supreme Court Bar Association (SCBA) seeking Supreme Court land for construction of chamber block for lawyers [Supreme Court Bar Association vs Ministry of Urban Development and ors].A bench of Chief Justice of India (CJI) DY Chandrachud with Justices Sanjay Kishan Kaul and PS Narasimha said that the land was allotted to the top court for housing archives of Supreme Court and a direction to convert the same for benefit of the SCBA cannot be issued by the top court on the judicial side. "SCBA cannot assert a right to the entirety of the land admeasuring 1.33 acres, which has been allotted by the Union government for housing the Supreme Court Archives, for converting it into a chamber block for lawyers ... A holistic view has to be taken on the allocation of available resources by balancing the needs of stakeholders both for the present and the future. These are matters which cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court. Administrative functioning and decision-making, which the current issue requires, cannot be moved to the judicial side," the Court stated.The top court, however, said that the administrative side of the Court can take up the issue after discussion with the SCBA, the Supreme Court Advocates-on-Record Association (SCAORA) and other bar members." ... we leave it open to the Supreme Court of India on its administrative side to take appropriate decisions bearing in mind the needs of the institution for the present and the future and the interest of all stakeholders. The process of decision making would also involve consultation with the Bar. SCAORA, SCBA and BCI would be at liberty to address the issue with their representations on the administrative side. The writ petitions shall accordingly stand disposed of," the Court said.The judgment came on a plea by the Supreme Court Bar Association (SCBA) seeking the conversion of land allotted to the Supreme Court..The matter had been a cause of disaccord between the SCBA and the CJI after the CJI rebuked SCBA president Vikas Singh on March 2 for insisting on urgent listing of the case.Singh had persistently mentioned the matter on March 2 despite the CJI saying it would be listed only in ordinary course. Singh had then stated that he would even visit the CJI's residence to get the matter heard.In response, the CJI had asked Singh to leave the court immediately and said that he would not be intimidated and that Singh would be treated only like any other litigant."You cannot expect the bench to be cowered down. I have never been browbeaten, and I will not let this happen in final two years of my career. You can pursue your political agendas outside the court hall."The CJI had also reminded Singh that he was asking for land allotted to the Supreme Court to be given to lawyers under Article 32.Interestingly, after the heated exchange in CJI Chandrachud's court, Senior Advocates Kapil Sibal and Neeraj Kishan Kaul had apologised for Singh's conduct.Later, the executive committee (EC) of the SCBA "expressed solidarity" with Singh. It had also proposed to pass two resolutions, one of which called for action against lawyers who make mentioning contrary to the SCBA's stand in the case.The second one sought issuance of show-cause notices to Kaul and Sibal, for their act of apologising to the CJI for Singh's conduct.A general body meeting of the SCBA was slated for March 16 for voting on the two resolutions.However, more than 470 lawyers including Senior Advocates, and former Attornery General KK Venugopal (separately), wrote to the SCBA objecting to the two resolutions.The EC, taking cognisance of the same along with the listing of the present plea, subsequently called off the meeting..On March 17, in a separate letter to the CJI, Singh had stated the infrastructure at the top court has not kept pace with the needs of the bar. He requested that the SCBA be permitted to use the three new auditoriums and meeting rooms. Currently, the SCBA occupies a cramped room next to the press lounge, Singh pointed out. The same proves inadequate for purposes like meeting foreign dignitaries or delegations, Singh's letter stated. .Singh appeared for the SCBA. Attorney General R Venkataramani appeared for the Central government.Senior Advocate Meenakshi Arora appeared for the Supreme Court Advocates-On-Record Association.[Read judgment]