CJI Surya Kant makes written mentioning mandatory on first day

Justice Surya Kant, on his first day as the Chief Justice of India (CJI), made written mention of cases for urgent listing mandatory, adding that oral requests will be entertained under "extraordinary circumstances" like in cases of the death penalty and personal liberty. The CJI on Monday (November 24) presided over a bench and heard as many as 17 cases in proceedings spanning around two hours.

The new CJI clarified that, barring "extraordinary" situations, requests for urgent listing must be made in writing through a mentioning slip rather than by oral mentioning.

"If you have any urgent matters, give your mentioning slip along with the cause of urgency; the registrar will examine and in those matters, if we find an element of urgency, will take it up," he said.

‘Oral mentioning of cases involving death sentence’

When the counsel pressed for the urgency in the matter, Justice Kant said, "Unless there are extraordinary circumstances involved, when somebody's liberty is involved, there is a question of death sentence etc, then only will I list it.”

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“Otherwise, please make a mention... the registry will take a call and list the matter." Prior to the CJI's observations, a counsel made an urgent mention of a matter relating to the demolition of a canteen,” he added.

Earlier, former CJI Sanjiv Khanna had stopped the practice of oral mentioning of cases for urgent listing in the top court. However, it was revived by Justice B R Gavai, who had succeeded Justice Khanna to the post.

Usually, lawyers orally mention cases before the CJI for urgent listing before the benches.

Encourages junior counsel to argue

Justice Kant also attempted to encourage a junior counsel who had sought an adjournment on behalf of a senior advocate. "Take this opportunity, you should argue... If you argue, we may give a little discount," he remarked lightly, hinting at the chances of the matter being dismissed.

The junior lawyer, however, declined, stating he had no instructions to argue.

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In another matter, families of victims of alleged extrajudicial killings in Manipur sought a court-monitored probe. Their counsel submitted that the families "deserve to know at least what happened".

Justice Kant noted that a probe was already underway and issued notice "for the limited purpose of finding out the status of the investigation by the NIA".

Cautions against personal targeting

The bench led by Justice Kant heard an appeal challenging an Allahabad High Court decision refusing to order the removal of a lawyer, the husband of a judge, from the post of standing counsel for the Uttar Pradesh government.

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Cautioning against personal targeting, CJI Kant said, "There are some issues to be handled on the administrative side. Please do not name or target anyone." Later, the petitioner's counsel sought permission to withdraw the appeal, which the court allowed.

Arriving at the Supreme Court for the first time as CJI in the forenoon, he paid floral tributes at the statues of Mahatma Gandhi and Dr B R Ambedkar on the court premises.

‘A farmer’s son’

The CJI pronounced a judgment on a plea filed by Himachal Pradesh against a private firm.

Just after the pronouncement, Supreme Court Advocates-on-Record Association (SCAORA) President Vipin Nair welcomed the new Chief Justice in the packed courtroom.

A lawyer greeted him as "a farmer's son who has become the CJI", drawing a brief smile. Justice Kant responded, "Thank you. I can see young lawyers from Chandigarh also."

(With agency inputs)