Rajasthan HC Stays Single Bench Direction To Registry For Different Cause Lists When Normal Bench Also Acts As Substitute Bench
The Rajasthan High Court stayed the operation of the decision by the single bench which directed the registry to distinctly delineate the cases when the normal bench is also acting as a substitute bench for another Court.
The bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman was hearing a special leave petition by the High Court itself against the decision of the single bench.
Senior Counsel Sachin Acharya appeared for the Appellant.
The counsel for the appellant had drawn the attention of the Court towards the provision of the Rules of the High Court of Judicature for Rajasthan 1952 and the Rajasthan High Court Ordinance, 1949. He also referred to the Rule 73 of the Rules of 1952 which is regarding preparation of the cause list.
He further submitted that it is a settled proposition that Chief Justice is the master of the roster and as per the Rules of 1952, preparation of the cause list and other administrative issues are dealt with by the Registry under the direction of the Chief Justice of the Court.
The Counsel further submitted that the issue of listing and designating a cause list to the substitute Benches and an additional cause list to a Bench are issues that directly fall under the law mentioned.
The Counsel also mentioned the decision of the Supreme Court in State of Rajasthan Vs. Prakash Chand reported in 1998(1) SCC 1 and quoted, “In other words the Judges of the High Court can sit alone or in Division Benches and do such work only as may be allotted to them by an order of or in accordance with the directions of the Chief Justice. That necessarily means that it is not within the competence or domain of any Single or Division Bench of the Court to give any direction to the Registry in that behalf which will run contrary to the directions of the Chief Justice.”
According to the Court, the matter requires consideration. The Court listed the matter for a later date.
However, in the meantime, the Court stayed the order.
Cause Title: The High Court of Judicature for Rajasthan v. State of Rajasthan
Appearance:
Senior Adv. Sachin Acharya, Adv. Chayan Bothr, Adv. Samyak Dalal