CJI of India, Justice Renjan Gogoi made a decision that to avoid a ritual which was practiced in Courts on the morning section named “mentioning”. An unwritten custom which is practiced in the courts, in this session the litigant can pray to the court that take their case before the assigned time in case of the urgency matters. The litigant feels that the court does not take their case as important or in an emergency manner and giving priority to the other cases. For this custom, an advocate needs to submit the paper works which not more than two-three pages and it is known as precipe. The problem facing here is if all advocates are doing so it is difficult for the court and CJI asked that why it is mentioning.
CJI Renjan Gogoi said that "No mentioning! We are working out the parameters… if someone is being released today, then yes… if someone is being hanged today, then yes… if somebody is being evicted today, then yes… if there is risk of demolition, yes….beyond that, No!". lawyers in India.
It is hereby notified for information of the Members of Bar, Party-In-Person and all concerned that the Competent Authority has directed as under:-
The below given is the notification published by the court
(A) Fresh matters verified on Friday in the post-lunch session. Saturday. Monday and Tuesday in the pre-lunch session I.e. up to 1.00 P.M. shall be listed on Friday In the same week and those verified on Tuesday in the post-lunch session. Wednesday, Thursday and Friday in the pre-lunch session i.e. up to 1.00 P.M. be listed on Monday in the next week.
(B) The final cause list of Monday shall be published/uploaded on the website on Friday in the previous week and that of Friday on Tuesday in the same week.
(C) The new pattern of listing shall be brought into effect from 04.02.2019 (Monday).
(D) The matters verified from 28.01.2019 (Monday) to 31.01.2019 (Thursday) and on 01.02.2019 (Friday) in the pre-lunch session i.e. up to 1.00 P.M. shall be fisted o 04.02.2019 (Monday) in chronological order.
The then Chief Justice Dipak Misra also gives direction to the advocate regarding this issue that approaches the registrar for mentioning it will take the precious time of the Judge. One of the senior most advocate Kapil Sibal made a statement that “The Chief Justice can't delegate his powers as the Master of the Roster to the Registrar". Justice Renjan Gogoi observed that "We go back and read all these papers to see which cases need to be heard immediately. We have to separate the grain from the chaff",
The attempt is to do away with the practice of oral mentioning altogether...it takes up too much of the court's time...new guidelines are being put into place which will ensure that every urgent matter comes up on the docket within four days of its filing, at the most five days..."
CJI had said.
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