On the first day as the Chief Justice of India,
Justice Surya Kant, Monday set a new procedural norm that mentioning cases for
urgent listing must be made in writing, and oral requests will be entertained
under "extraordinary circumstances" like in cases of death penalty
and personal liberty.
A bench led by Justice Kant heard as many as 17
cases in proceedings spanning around two hours on his first day as the CJI.
Justice Kant formally assumed charge as the 53rd CJI
shortly after taking oath in Hindi in the name of God at the Rashtrapati
Bhavan.
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.
He then presided over a
three-judge bench, also comprising Justices Joymalya Bagchi and Atul S
Chandurkar, in the heritage courtroom number one.
As proceedings commenced around noon, 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." Getting
down to business, 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 mentioning, 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.
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. 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.
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.
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.