RSS Worker Srinivasan's Murder Case- Registry Cannot Defy Order Of Court And Refuse To List Case: Supreme Court

The Supreme Court today expressed its displeasure with the Registry for refusing to list SLPs despite explicit directions of the Court.

The Court observed that procedural non-compliance, such as failure to serve notice to caveators as per Rule 2 of Order 15 of the Supreme Court Rules, cannot be used as a justification to defy orders for listing cases specifically assigned to a bench. 

The Court was considering SLPs filed by the NIA as well as the SLPs filed by some of the accused who were refused bail by the Kerala High Court.

At the very outset, the Bench of Justice Abhay S. Oka and Justice Augustine George Masiah said, "A simple thing we will tell you, by the same order, certain persons have been granted bail, others have been... no reasons recorded. What we propose to do is that we will hear them and decide here."

The Court noted that prima facie the reasons given by the High Court are not adequate. "So, we will not send it back to the High Court. We will decide," Justice Oka said. 

Senior Advocates Aditya Sondhi and Raghenth Basant appeared for the Accused while ASG Raja Thakare appeared for the NIA.

"Perused the office report dated 19.12.2024. At last, six remaining petitions have been listed today. When there is an order of the court directing listing of the cases specifically assigned to this bench, the registry cannot defy the order and refuse to list the case on the ground that there was non-compliance with procedural aspects. The registry is relying upon Rule 2 of Order 15 of the Supreme Court rules, which enjoins petitioner to serve notice to the caveat along with a copy of the petition," the Court said. 

The Bench ordered, "We do not find any Rule in the Supreme Court Rules 2013, which records that, withstanding failure to comply with requirements of Rule 2 of Order 15, a case cannot be listed before the Court. There may be cases of extreme urgency; in such cases, the registry cannot rely on Rule 2 of Order 15 and cannot refuse to list the case. We may, at this stage, refer to Section 148A (3) of CrPC."

Furthermore, the Court ordered, "Therefore, when there is a direction from the Court to list SLP/Appeal notwithstanding non-compliance with Rule 2 of Order 15 of the Rules, Registry can always list the case before the Court with the office report regarding failure of the petitioner/appellant to comply with requirements of Rule 2 of Order 15 of the Rules. Registrar Judicial to take note of this order."

While issuing notice, the Court directed the matters to be heard along with SLP Crl No. 9623 of 2024 & other connected matters. The matters are now scheduled to be heard on January 17, 2025. 

Pertinently, on November 29, the Court had observed that the Kerala High Court committed a mistake while granting bail to 17 accused PFI workers in UPPA cases, including for the murder of RSS worker Srinivasan in Palakkad in April 2022, in as much as the Court did not consider the role of each accused separately while granting bail through a common judgment. The Bench had also called for a report from the Registry of the Supreme Court for not listing all the SLPs filed by the NIA against the grant of bail, despite multiple orders to do so. 

Cause Title: Saddam Hussain MK v. Union of India & Connected matters [SLP(Crl) No. 9623/2024; Diary No. 30988/2024]