Not Correct To Say That Only Certain Matters Are Being Listed; Registry Working Very Hard: Justice Kaul

By - LIVELAW NEWS NETWORK
Update: 2020-08-06 08:51 GMT
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Justice Sanjay Kishan Kaul, judge of the Supreme Court, said on Thursday that it was not correct to say that only certain matters were being listed by the Court, and the rest were not being listed.

The judge also affirmed that the Registry was working very hard.

"Grievances people can have - but to say that only certain category of matters are being listed, to make imputations that certain other matters are being listed and not the rest — is not correct", he said while hearing a case.

"Please see the situation also. This is a very difficult time for everybody and not just for the legal community. There are many people who are functioning on 20% of their salaries", he added.

Justice Kaul reiterated similar observations during the hearing of the case filed by Yatin Oza against the Gujarat High Court decision withdrawing his senior designation following his remarks against the HC Registry.

"Registry is working very hard indeed", he said.

The judge also said that the bar should convey its grievances in a better language.

"Systems can be groomed. Imputations must not be made", he said.

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In June, the Supreme Court had dismissed a writ petition filed by Advocate Reepak Kansal which complained that the SC registry was following a "pick and choose" method while listing cases.

A bench headed by Justice Arun Mishra dismissed the petition with a cost of Rupees 100 after observing that the registry was being blamed unnecessarily :

"We see, in general, it has become a widespread practice to blame the Registry for no good reasons. To err is human, as many petitions are filed with defects, and defects are not cured for years together. A large number of such cases were listed in the recent past before the Court for removal of defects which were pending for years. In such situation, when the pandemic is going on, baseless and reckless allegations are made against the Registry of this Court, which is part and parcel of the judicial system. We take judicial notice of the fact that such evil is also spreading in the various High Courts, and Registry is blamed unnecessarily for no good reasons", the bench observed in that case.

"It happens in a large number of matters, and unnecessary pressure is put upon the Assistants dealing with the cases. We find due to mistakes/ carelessness when petitions with defects are filed, it should not be expected that they should be listed instantly. To err is human and there can be an error on the part of the Dealing Assistants too. This is too much to expect perfection from them, particularly when they are working to their maximum capacity even during the pandemic. The cases are being listed. It could not be said that there was an inordinate delay in listing the matters in view of the defects", the bench added.

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