Supreme Court Criticizes Registry For Failing To List Case Despite Specific Court Order; Seeks Explanation

The Supreme Court has on August 27 reprimanded its Registry for not listing a Special Leave Petition (SLP) as explicitly directed by the Court.

The Bench of Justice Abhay S. Oka and Justice Augustine George Masih expressed displeasure after being informed by counsel that SLP (C) Diary No.25687/2024, ordered on August 12 to be listed on this date, was not scheduled as instructed.

The Court emphasized that when a specific order is issued for a Petition to be listed on a particular date, the Registry must either comply or provide a valid explanation for the delay. The Bench directed the Registrar (Judicial Listing) to take note of the default and provide an explanation.

The Court said, "Notwithstanding specific order dated 12th August, 2024, the Registry has not listed SLP (C) Diary No.25687/2024 today. When there is a specific order of the Court that a particular petition shall be listed, the minimum we expect from the Registry is that there is some explanation placed on record why order of this Court is not complied with. The Registrar (Judicial Listing) to take a note of this default."

In a related news, on August 20, the Court had issued a stern warning to the Registrar (Judicial Listing), emphasizing that dealing assistants and senior court assistants must perform their duties diligently. The Court had cautioned that any recurrence of errors or negligence in handling case files could result in serious consequences.

The Bench had expressed their concerns after observing that a previous order from August 2023 was missing from the paper book of a Special Leave Petition (SLP), and the case file lacked an essential office report. Additionally, the Court noted the absence of an official report supporting the Registry's conclusion that the SLP was not time-barred.

"The Registrar shall ensure that the dealing assistants and senior court assistants diligently perform their work. Any recurrence of error or remissness of the nature that we have noticed, if brought to our notice once again, may expose them to serious consequences,” the Court had said.

Cause Title: Sukhraj Labh Singh v. Zainab Rafiullah Shaikh & Ors. [Special Leave Petition (Civil) Diary No. 31424/2024]

Appearance:-

Petitioner: AOR Siddhant Buxy, Advocates Umesh Tawari, Shambhavi Padhye

Click here to read/download the Order