Kerala HC Directs Registry To Seek Chief Justice’s Approval For Deviations From Judicial Roster

The Court emphasized that before the registry complies with such judicial directions, it must first obtain administrative orders from the Chief Justice of the High Court.

This clarification came in response to a suo motu matter initiated by the Court after the registry raised concerns about the process for listing cases in situations where judges have issued orders to connect cases from different rosters. The registry pointed out that many of these judicial orders did not specify why the connection of cases was necessary or provide clear directions to the registry regarding the need for administrative approval from the Chief Justice.

The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu, highlighted that it would be helpful for judicial orders regarding case listings to include a brief explanation for the deviation from the roster. This would assist the registry in handling such orders efficiently and avoid confusion or inconvenience for judges, advocates, and litigants. The Court stated, “So as to avoid inconvenience to the Hon’ble Judges, advocates and the litigants, and to achieve expediency, the Registry, upon receipt of such order, without delay shall put up submission before the Chief Justice for passing necessary administrative orders. It will aid the Registry if the judicial order gives a brief indication as to the need for adopting the course of action.”

The Court referenced the Supreme Court’s decisions in State of Rajasthan v. Prakash Chand and Campaign for Judicial Accountability and Reforms v. Union of India to emphasize the authority of the Chief Justice as the "master of the roster." The Court also referenced a May 2024 order of a division bench in Nair Service Society & Anr. v. TK Gopalakrishnan Nair & Ors., where the registry was warned that disciplinary action could be taken if cases were not listed according to the roster unless authorized by the Chief Justice.

Despite this earlier order, the registry continued to receive judicial instructions that conflicted with the prescribed roster.

As a result, the Kerala High Court issued this new judgment to clarify the correct procedure for handling such situations. The Court’s ruling mandates that any judicial order directing a departure from the established roster must first be reviewed and authorized administratively by the Chief Justice, with the order ideally providing reasons for the deviation.

Cause Title: Suo Motu JPP v. NIL

Click here to read/download Judgment