Senior advocate Dushyant Dave writes open letter to CJI on shifting of cases from one Bench to another in disregard of SC Rules

‘As master of the roster you alone have the prerogative to constitute a Bench and allocate cases to the Benches so constituted,’ Mr. Dave wrote to Chief Justice of India D.Y. Chandrachud

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.

“As master of the roster you alone have the prerogative to constitute a Bench and allocate cases to the Benches so constituted,” Mr. Dave said.

‘Extraordinary power’

The senior lawyer said the power of the CJI as master of the roster was both unique and extraordinary.

“This is an extraordinary power to upset the roster and to ‘pick and choose’ and allocate and assign any appeal or cause or matter to any judge or judges of the court. However, the Chief Justice can only exercise the power as per the practice, and in case the coram as per roster is available. The Chief Justice cannot exercise power to take away any case before the available coram and place it before another,” Mr. Dave wrote.

Though he said he would not want to identify the cases by name as they were still pending before the court, Mr. Dave said “it would not be out of place to mention that these matters include some sensitive matters involving human rights, freedom of speech, democracy, and functioning of statutory and constitutional institutions”.

The senior lawyer said he had taken recourse to writing the open letter “as efforts by some of us to meet you personally have not yielded any result despite an appointment being sought months ago by a senior and respected colleague for and on behalf of many of us”.

“I personally met the Secretary General and apprised him of the anxiety and misgivings of the Bar in this regard. Emails sent to Registrar (J-I) by Advocates on Record (AoRs) making serious grievances about it have not been responded to…, “ Mr. Dave said.

The senior advocate said Justice Chandrachud’s appointment as top judge had created “strong hopes in the minds of citizens that under your leadership, the Supreme Court of India will rise to greater heights, the march towards which has somehow paused for some time earlier. The scars caused on account of such improprieties in the past few years on justice delivery have not healed as yet”.

“Sir, this does not augur well for the Institution of Supreme Court of India under your Leadership. The Institution is highly respected by all. That respect must continue forever, in all respects. I would therefore urge you to look into this immediately and take corrective measures,” he said.