Top lawyer Dushyant Dave writes open letter to CJI over listing of cases in SC

“I have personally come across a number of cases listed before various Hon’ble Benches upon first listing and/ or in which notice have been issued, being taken away from those Hon’ble Benches and listed before other Hon’ble Benches. Despite first coram being available, the matters are being listed before a Hon’ble Benches in which second coram presides”.

He said that “matters listed before Courts 2, 4, 6, 7, amongst others, have been shifted out and listed before other Hon’ble Benches in clear disregard of the rules, the handbook on practice and office procedure…and established practice and convention. Curiously, the seniority of the first coram is also being ignored in doing so”.

Dave’s letter said that “our attention is also being drawn by esteemed colleagues at the Bar, seniors, and Advocates on Record (AoRs), about various cases in which they have appeared in the first instance on numerous occasions, later the matters being listed before different Benches”.

Stating that “it would not be proper for me to enumerate these matters as many of them are pending”, he, however, added that “it would not be out of place to mention that these matters include some sensitive matters involving human rights, freedom of speech, democracy, and functioning of statutory and constitutional institutions”.

The letter which referred to the CJI’s role as the ‘master of roster’ submitted that he holds CJI Chandrachud in high esteem and that he has “highest respect and love for judiciary”, adding, “but I will be failing in my duty imposed by the Supreme Court itself when it held that, the lawyers are supposed to be fearless and independent in the protection of rights of litigants” and “what lawyers are supposed to protect, is the legal system and procedure of law of deciding the cases”.

He pointed out that the SC had also held that “independent Bar and independent Bench form the backbone of Democracy”.

Dave said he was writing the open letter as efforts to meet the CJI had not materialised and added that “this does not augur well for the institution of Supreme Court of India under your leadership, urging the CJI “to look into this immediately and take corrective measures”.