The Supreme Court on Monday declined to entertain mentioning of cases by Senior Advocates as it begin its summer vacation sittings.
The Court signaled a consistent approach across Benches to prioritise advocates-on-record (AoRs) and junior members of the Bar during the partial working days.
On the first day of the vacation, a Bench of Justice Vikram Nath and Justice PB Varale said Senior Advocates would not be permitted to mention matters in their courtroom.
“No Senior Counsel to make mentioning here. The advocates on record can do the same. No unlisted mentioning allowed,” said Justice Nath.
Senior Advocate Sidharth Dave objected, pointing out that the Court was not fully closed.
“There are no holidays. These are partial working days. These are matters in which notice was issued last week. We have to appear,” submitted Dave.
The Bench, however, remained firm. Justice Nath responded,
“Make a request to the CJI (Chief Justice of India). We have 55 items today which did not happen in last 3 years.”
When Advocate Mathews Nedumpara attempted to mention a case, Justice Nath remarked,
“You are a senior in my eyes. No mentioning.”
As another counsel sought to intervene, Justice Nath reiterated the restriction on Senior Advocates, adding with a smile,
“Yeh sab seniors ko bahar nikalo (get all these seniors out.).”
The Court refused to change its stance even as counsel said they were unaware of the restriction.
“I am master of my court. Go to canteen and eat something,” replied Justice Nath.
Senior Advocate Sanjay Hegde referred to an earlier instance involving Senior Advocate Fali Nariman. He recalled that Nariman once allowed his junior to argue when not permitted to address the Court.
"Once there was a very important matter where Karnataka chief secretary had to appear. I had to brief Mr. Nariman. Mr. Nariman came before Justice Lahoti. When he was not allowed to argue, he let his junior argue."
Senior Advocate Shoeb Alam urged the Bench not to dismiss matters in absence of the seniors appearing in them.
Assuring the Bar, Justice Nath said,
“Why will we dismiss. We are either giving dates or hearing it. You don't have to mention it also. Judges are very reasonable. Lawyers at times become unreasonable.”
A similar sentiment was echoed by another Bench.
During the hearing of a bail matter, a Bench of Justice Sanjay Karol and Justice Augustine George Masih underscored that vacation hearings would largely be argued by non-designated lawyers.
“Sorry, speaking for myself and my brother judge, for the last three years vacation time has only been meant for those who are not designated Seniors,” said Justice Karol.
When a Senior Counsel indicated that a colleague would argue instead, the Court said,
“We have never dismissed a matter during vacation. We encourage younger members of the Bar to argue.”
The exchanges took place on the first day of the Court’s summer vacation, which is scheduled to run from June 1 to July 12.
Chief Justice of India (CJI) Surya Kant has constituted 23 benches to hear cases during this period.
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