Supreme Court issues Guidelines on listing of Urgent Matters during Summer Vacation
Supreme Court of India has issued the following norms/Guidelines for listing of urgent matters during the ensuing vacation viz. from 16.5.2016 to 28.6.2016.
Every matter to be moved before vacation Court should be accompanied by an affidavit, indicating all the material facts necessary for the formation of opinion about its urgency. The required material facts and particulars should invariably include:
- The nature of the matter;
- The date of the impugned order, if any;
- The reason for not filing it before the vacation, if the impugned order was made or the cause of action arose on an earlier date;
- The latest date upto which the matter can be heard in view of the urgency indicated therein; and
- The nature of interim order sought for which the urgency is indicated must be mentioned.
No matter shall be entertained and considered for listing before the Hon'ble Vacation Judges unless it is, inter alia, accompanied by such an affidavit which is sufficient to indicate the urgency for its being heard by the Hon'ble Vacation Judges.
2. The following matters shall be treated as matters of urgent nature for listing during the vacation:
- Matters in which death penalty has been awarded;
- The petition for Habeas Corpus and matters relating to it;
- Matters relating to imminent apprehension of demolition of property;
- Matters relating to dispossession/eviction;
- Matters relating to and of general public importance;
- Matters for anticipatory bail and matters filed against orders¬refusing/granting bail;
3. The following matters shall not be treated as matters of urgent nature for listing during vacation
- Matters arising out of interlocutory orders;
- Matters relating to remand orders;
- Matters relating to pre¬deposit of tax, penalty etc., under specified statutes;
- Matters arising out of life sentence or sentences for more than one year;
- Service matters involving transfer and/or reversion, dismissal and removal from service;
- Transport matters, except those relating to cancellation of permits and needing urgent interim orders;
- Matters relating to decrees and their execution.
4. It is hereby further notified for the information of all concerned that no request for listing during vacation will be entertained before 4.00 P.M. on Thursday, the 12th May, 2016 and that urgent requests received for listing from 4.00 P.M. on Thursday the 12th May, 2016, upto 1.00 P.M. on Saturday the 14th May, 2016 will be considered for listing on Monday the 16th May, 2016 and that all urgent matters filed during the week commencing from 16th May, 2016 upto 4.00 P.M. on 20th May, 2016 will be listed on the next Monday viz. 23rd May, 2016 and so on.
Read the circular here.