Jharkhand HC Stays Order By Division Bench Which Stayed Standing Order Passed By Chief Justice For Filling And Listing Of Matters
The Full Bench of the Jharkhand High Court has stayed the order passed by a Division Bench of the Court staying a Standing Order passed by the then Chief Justice regarding the operational system of filing and listing of matters.
The Full Bench of Acting Chief Justice Sujit Narayan Prasad, Justice Rajesh Shankar and Justice Arun Kumar Rai while passing an ad-interim order, held, “The Court has reached a preliminary satisfaction that order passed by the learned Division Bench staying the Standing Order No.9 of 2024 dated 09.07.2024 suffers from non-consideration of the above- mentioned provisions as contained in Rule 69 and 78 of the Jharkhand High Court Rules…Further, in testing the order of learned Division Bench, we are also satisfied that if immediate recourse is not taken, it will result into irreparable loss and injury as the entire filing system will get altered creating a mess and chaos in the Registry and filing system…Moreover, this Court finds that the element of balance of convenience is also met in staying the order passed by the learned Division Bench as the damage caused would not be in a position to be restored, if such directions are allowed to be given effect to.”
Senior Advocate MS Mittal and Advocate Ritu Kumar appeared for the Advocates’ Association.
The Registrar General informed the Court that the Division Bench of the Court stayed the operational system of filing brought in effect by way of Standing Order No.9 of 2024 dated July 9, 2024, issued by the order of the then Chief Justice. The Bench tested the veracity of the issue and considered whether it was the lookout of a Division Bench, being critical of the administrative decision of the Chief Justice in reference to the system of filing and listing of cases, to the extent of staying the order of the Chief Justice.
The Division Bench had observed that till the Jharkhand High Court Rules were amended, the cases would be listed as per the existing provision of the Jharkhand High Court Rules.
The Court had invited the members of the Bar including the senior members of the Bar to assist this Court with respect to the aforesaid issue. The President, of the Advocates’ Association, placed a representation addressed to the learned Registrar General, High Court of Jharkhand for reviewing the Standing Order No.9 of 2024, particularly, the conditions at Clause Nos. 8 and 9. Others submitted that they do not have any difficulty with the filing and listing.
After going through Rule 70 of the Jharkhand High Court Rules, the Court said that the statutory provision gives absolute power to the Chief Justice of the court to regulate the system of filing and listing of the case.
The Court observed, “It is evident from the aforesaid Rule that there is no reference that this issue is required to be sent before the Full Court for its concurrence and the reason is obvious that when the absolute power has been conferred to the Chief Justice of this Court to issue instruction which shall be enforceable as being part of Chapter-VIII and in such circumstances, if the decision taken in the administrative side by the Chief Justice of this Court in regulating the procedure of filing and listing is sent before the Full Court for concurrence, then the power conferred to the Chief Justice of this Court will be abrogated.”
The Court, inter alia, framed various issues i.e., “Whether the stipulation made in the Standing Order No.9 of 2024 dated 09.07.2024 can be considered to be in supersession to the Jharkhand High Court Rules, particularly the provision as
contained under Rule 69 and 78 thereof…Whether contrary to the condition put under Rule 15(1) where the matters to be considered by the Full Court have been provided, can the procedure of filing and listing be sent before the Full Court for its concurrence?...(v) Whether it would be considered to be in conformity with the principle of judicial discipline for a Single or Division Bench of the High Court to interfere with the decision taken by the Chief Justice on the administrative side, particularly, concerning administration on filing and daily listing of the cases, even on judicial side?”
The Court also impleaded the Registrar General of the High Court, State Bar Council through its Chairman and the Advocates’ Association through its President as parties and directed them to file an affidavit.
Accordingly, the Bench stayed the order and listed the matter for a further date.
Cause Title: Court On Its Own Motion