Justice S.K. Kaul Expresses Displeasure At Multiple Mentioning Of Same Matters
On Friday, the Supreme Court Judge, Justice Sanjay Kishan Kaul expressed displeasure that Counsels are taking recourse to 'multiple mentionings' to 'try their luck' to get their matters listed. He noted that the Counsels were mentioning the same matters before the concerned Bench; before the Registry and also before the Chief Justice of India till it is listed. He firmly stated that discipline...
On Friday, the Supreme Court Judge, Justice Sanjay Kishan Kaul expressed displeasure that Counsels are taking recourse to 'multiple mentionings' to 'try their luck' to get their matters listed. He noted that the Counsels were mentioning the same matters before the concerned Bench; before the Registry and also before the Chief Justice of India till it is listed. He firmly stated that discipline in mentioning and listing matters have to be followed by the Counsels.
Mentioning a fresh matter before a Bench comprising Justices Sanjay Kishan Kaul and A.S. Oka, Senior Counsel submitted that though the office report shows that the matter is listed for 'today' (2nd December, 2022), it is not reflected in the causelist.
Displeased, Justice Kaul stated -
"(Same) Matters are mentioned before concerned Bench, then they are mentioned before the Registrar, and also before the CJI. There cannot be multiple mentionings. Once we say no, it is no at the moment."
He was perturbed that Counsels adopt all the available modes of mentioning to somehow get their matters listed.
"You cannot do multiple mentionings. Somewhere you get a listing done."
The Senior Counsel assured the Bench, "We never went to anyone else."
Justice Kaul said that he is aware that the Registrar was approached to get the listing done for 2nd December, 2022. He indicated that once the matter was mentioned before the Bench led by him and he had refused urgent listing, then if the matter is required to be mentioned again, the same ought to be done before the concerned Bench and not the Registrar.
"You went to the Registrar and got a listing done after I said no. I said only after the listing slip comes I'll see what the problem is and accordingly list it, then it must go through this process. I said, 'go through a process of mentioning-list'."
Justice Kaul also stated that he has been informed by his Court-Master that the Registrar was persuaded to list the matter as he was informed that it would become infructuous if not listed.
"You persuaded him to list it contrary to my view."
The Judge added -
"You mentioned before me, I said that I will not take it up. There cannot be multiple listing procedures, then it would encourage people to try their luck. This concept is not acceptable to me."
The Senior Counsel apprised the Bench that the office report states that the matter would be taken up on 2nd December, 2022.
Exasperated, the Judge said, "I said no (to list), I am taking responsibility that I said no."
However, at the end, he told the Senior Counsel that he will go through the file and accordingly give a date for listing the matter.