Former Supreme Court Bar Association president and senior advocate Dushyant Dave on Wednesday penned an open letter to Chief Justice of India D.Y. Chandrachud highlighting that cases, including sensitive ones, were being “taken away” from Supreme Court Benches hearing them and listed before other Benches in clear disregard of the Supreme Court Rules.
Mr. Dave said cases which were first listed before a Bench or notice issued by it were suddenly shifted to another Bench. He said cases, instead of remaining with the lead judge on a Bench, were listed before the associate judge when the latter starts heading a new Bench.
“I have personally come across a number of cases listed before various Benches upon first listing and/or in which notice have been issued, being taken away from those Benches and listed before other Benches. Despite first coram being available, the matters are being listed before Benches in which second coram presides. Matters listed before Court No. 2, 4, 6, 7 amongst others have been shifted out and listed before other Benches in clear disregard of the Rules, the Handbook on Practice and Office Procedure referred above and established Practice and Convention. Curiously, the seniority of the first coram is also being ignored in doing so,” he wrote.
