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

The Bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra 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 said.

The Court also pointed out that although the SLP initially appeared time-barred, the Petitioner's counsel informed the Court that the Registry had deemed the application for condonation of delay unnecessary, as the SLP was filed within the limitation period. This conclusion was based on the exclusion of the time taken to obtain a certified copy of the impugned judgment. "We are also informed that such an opinion was formed by the Registry based on the fact that the petitioner had applied for certified copy of the impugned judgment and order and the time taken for obtaining the certified copy has been excluded for the computing limitation," the Court said.

However, the Court highlighted the lack of an official report on record to support this conclusion. "There is, however, no report to that effect on record," the Bench said.

The Court directed the Registry to produce a report clarifying the basis for its determination that the SLP was filed on time. The report is to be submitted within a week, and the SLP is scheduled for hearing after ten days. "The Registry is directed to make available the report prepared, if at all, whilst forming the opinion that the special leave petition has been filed within the period of limitation and is not time-barred. Let such report be filed within a week from date. Re-list the special leave petition after ten days along with the report," the Court directed.

Cause Title: Vairamuthu v. State of Tamil Nadu [Special Leave to Appeal (Crl.) No. 10022/2024]

Appearance:-

Petitioner: Senior Advocate K. N. Basha, Advocates B. Karunakaran, Vishnu Priya, V. Ambika, K. Balambihai, AOR S. Gowthaman

Click here to read/download the Order


Justice Dipankar DattaJustice Prashant Kumar Mishra

Sukriti Mishra