Gujarat High Court
Gujarat High Court
Litigation News

Registry fallen prey to nepotism, favouritism: GHCAA President writes to Gujarat HC Chief Justice alleging discrimination in listing cases

In this backdrop, a request to resume physical functioning has also been reiterated, stating that the court cannot carry its function by video conferencing indefinitely, especially when such serious complaints are made.

Aishwarya Iyer

President of the Gujarat High Court Advocates' Association (GHCAA) Yatin Oza has written to the High Court's Chief Justice, Vikram Nath raising a collective grievance that casefiles are not circulated weeks and that only the matters of a privileged class were being circulated in no time.

This comes a week after the Association had written to the Registrar General of the Gujarat High Court, highlighting various issues faced by its members while availing e-filing facilities and in the circulation of filed matters.

Claiming that a large number of advocates have approached him and the Secretary General over the issue, Yatin Oza's letter states that there are complaints about the non-listing of cases despite sincere efforts on the part of the aggrieved lawyers.

"The Registry, it appears, is held bend determined to fall prey to nepotism and favouratism."
the letter goes on to add.
It is further stated, "I can give similar such 100 examples, notwithstanding your Lordship’s clear instructions not to raise any objection other than vakalatnama and affidavit and circulate the matter upon an undertaking of an advocate, for days and months the Registry does not circulate the matters."

Apart from citing personal accounts of lawyers concerning delay and blatant discrimination in the circulation of matters, the letter also refers to case status reports downloaded from the official website of the High Court.

Referring to one such case status, the letter states, "How can a matter be termed as an urgent one where the petitioner’s advocate requests for four weeks time?"

Oza adds, "I am prepared to come to your Lordship to show the miseries and sufferings of the advocates by their communication either by way of text messages or whatsapp messages and I am prepared to show your Lordship all the messages to appreciate the heart burning of the advocates."

His letter also refers to allegations made that the Registry had threatened to place matters before certain Benches by name where some lawyers had insisted for the circulation of their matters.

In this backdrop, the GHCAA president has reiterated a request that the Court should resume physical functioning so that Judges can be assigned cases as per the roster and not at the discretion of the registry so as to ensure that advocates can uniformly appear before the Court.

"... even if we go by the doctors’ opinion and opinion of the experts, there is no likelihood of the vaccine being invented or be made available for at least coming six months and court cannot carry its function by video conferencing indefinitely and especially when such serious complaints are being made. Juniors will breakdown, will have no place to go and like to commit suicide if situation continues as present", the letter adds.

Reliance has also been placed on letters from the President of Metropolitan Magistrate’s court, Ahmedabad Rural Court and the City Civil Court to immediately request the Chief Justice to open up the courts physically.

A similar appeal for the resumption of the physical functioning of Courts had been made by Oza earlier this week as well.

Read the Letter here:

GHCAA letter to CJ on circulation of matters.pdf
Preview
Bar and Bench - Indian Legal news
www.barandbench.com