Supreme Court Bar Association Passes Resolution Against Constitution Of Single Benches In SC [Read Resolution]

Supreme Court Bar Association Passes Resolution Against Constitution Of Single Benches In SC [Read Resolution]

The Supreme Court Bar Association passed a resolution of Friday expressing objections against the amendments notified to the Supreme Court Rules, providing for single bench hearing for transfer petitions and bail matters for offences punishable up to seven years imprisonment.

"It is surprising that the amendment has been brought without involving and/or consulting the Supreme Court Bar Association, which is the major stakeholder in the process of dispensation of justice in the Supreme Court", said the Resolution.

Saying that it was "shocked" to know about the amendment to Order VI Rule 1 of the SC Rules, the Association has urged the Chief Justice and other judges of SC to "not to put the amended Rule into force and take urgent steps to recall this Rule".

Exercising the powers under Article 145 of the Constitution of India, the SC notified on September 17 the Supreme Court (Amendment) Rules 2019, to insert a proviso to Rule 1, Order VI of the 2013 Rules.

As per the newly inserted proviso, the following category of matters may be heard and disposed of finally by a Judge sitting singly nominated by the CJ :

  1. Special Leave Petitions arising out of grant, dismissal or rejection of Bail Application or Anticipatory Bail Application filed under Sections 437, 438 and 439 of Code of Criminal Procedure involving offences punishable with sentence up to seven years imprisonment.
  2. Application for transfer of cases under Section 406 of Code of Criminal Procedure.
  3. Application of an urgent nature for transfer of cases under Section 25 of the Code of Civil Procedure.
  4. Any other category of cases notified by the Chief Justice from time to time.