SCBA plans to hit out at CJI Dattu, Pinaki Ghose J.; Resolution demanding respectful treatment of lawyers to be considered post Holi

The tussle between the Chief Justice of India (CJI) HL Dattu and the Supreme Court Bar Association (SCBA) is reaching interesting proportions. The latest in the series of discords is a resolution proposed to be passed by the SCBA demanding “respect” for lawyers “at the hands” of CJI Dattu and Justice Pinaki Chandra Ghose. This move comes at a time when repeated requests by the Bar against listing of old matters without sufficient prior notice have not allegedly been addressed properly by the CJI..A General Body meeting of the SCBA is scheduled for March 10, 2015 at 4.15 pm in the Plaza Canteen. A slew of resolutions will be “discussed and considered” in the meeting. The first of those resolutions against CJI Dattu and Justice Pinaki Chandra Ghose reads as follows:.“i) SCBA, while expressing its faith in the Institution of Supreme Court and declaring that its holds Hon’ble Judges in high esteem, requests that its Members must receive in return, the same respect, irrespective of their standing and seniority, especially at the hands of Hon’ble Mr. Justice H.L. Dattu, Chief Justice of India and Hon’ble Mr. Justice Pinaki Chandra Ghose.”.The next couple of resolutions pertains to the woes of the Bar due to the changes brought by the CJI by which large number of matters, especially old admitted matters, are being listed without sufficient prior notice. As per the earlier practice, such matters used to be listed only after publication through Terminal List, Weekly List and Advance List. But that practice has now allegedly been given a “go by” and are now being listed by a “sudden and unannounced list, being published on the Supreme Court Website, sometimes late in the evening and sometimes even in the morning of the hearing.”.SCBA President Dushyant Dave had written to the CJI citing the difficulties faced by the Bar due to the new practice. Dave, had, also mentioned the matter before a Bench headed by Justice JS Khehar who had agreed to accommodate the requests of the lawyers. However, the SCBA has now decided to go ahead with the resolutions demanding a return to the old system of listing. The resolutions read as follows:.“ii) SCBA strongly deprecates the recent practice, introduced at the instance of Hon’ble Chief Justice of India by the Registry, listing large number of the matters for hearing, suddenly and without sufficient and clear prior notice, through Terminal List, Weekly List and Advance List, as it believes that this results in denial of justice and causes irreparable injury to litigants and gives grave mental and physical hardships to lawyers, which will ultimately result in erosion of faith in this great Institution.iii) SCBA calls upon the Hon’ble Chief Justice of India to restore the traditional and tried system of listing of matters through an open and transparent mechanism, giving just and sufficient time to the lawyers so as to subserve the Cause of Justice.”.The SCBA has also taken exception to two other issues – “the manner of hearing of matters by some of the Hon’ble Benches, in hurried and selected manner” and the “rude and unprofessional attitude and conduct of some of the Registry officials in dealing with the members of the Bar”. The resolutions in this regard read as follows:.“iv) SCBA disapproves the manner of hearing of matters by some of the Hon’ble Benches, in hurried and selected manner, since it believes that justice should not only be done but must appear to be have been done, should be the guiding principle in the Justice Delivery System and further that qualitative, and not quantitative dispensation of Justice be the guiding factor.v) SCBA, while placing its appreciation for Registry officials in general, strongly resents and disapproves the rude and unprofessional attitude and conduct of some of the Registry officials in dealing with the members of the Bar and calls upon the Secretary General to ensure that such behaviour is checked at the earliest.”.The “jiffy” manner in which matters are being heard by the Bench presided by the CJI has been a reason for dissatisfaction amongst lawyers for quite some time now. The new problem with regard to listing has only added fuel to the fire. Apart from Dushyant Dave, many lawyers including SCBA Secretary Aishwarya Bhati had raised this issue before the Court. How the Bench will respond now will definitely be worth a watch..Image Courtesy: Website of Supreme Court of India