Shocking: CJI Surya Kant vows Supreme Court Registry reforms after dismissed plea resurfaces before another bench

Chief Justice of India (CJI) Surya Kant on Thursday promised to bring about reforms in the Supreme Court Registry after finding that a petition that was dismissed by a three-judge bench found itself listed before another bench.

The CJI announced that he would undertake a deeper administrative probe questioning Registry officials who “think they are permanent”.

The bench of Chief Justice of India Surya Kant, Justices Joymalya Bagchi and Vipul Pancholi were hearing a plea assailing the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 on account of repugnancy owing to the Section 111 of the Bharatiya Nyaya Sanhita, 2023.

A petition filed by Siraj Ahmad Khan challenging provisions of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 is presently pending before a Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan. In this backdrop, Irfan Solanki sought that his petition raising similar grounds be tagged with the matter pending before the Justice Pardiwala-led Bench.

The State of Uttar Pradesh, however, pointed out that a comparable challenge had earlier been brought in Md. Anas Chaudhary v. State of Uttar Pradesh, which was taken up by a three-judge Bench comprising the then Chief Justice of India DY Chandrachud, Justice Pamidighantam Sri Narasimha and Justice Dipankar Datta. By order dated December 12, 2022, the Court had declined to entertain the petition under Article 32 and dismissed it, granting liberty to the aggrieved person to pursue remedies before the competent forum.

Justice Bagchi sought to know if the repugnancy argument would stand in the face of General Clauses Act.

"If this argument is taken to a logical conclusion that due to Section 111 of BNSS... the organised crime section in state law is vitiated due to repugnancy. What about MCOCA and all other such laws. What about the general clauses act?.. Can a general law on organised crime.. lead to repugnancy of a state special law especially when Section 26 of the general clauses act..." Justice Bagchi asked.

However the CJI led bench took strong exception to a similar case landing before the Chief's court even though a similar such plea was dismissed.

Though Senior Advocate Shoeb Alam sought to withdraw the plea, CJI Kant insisted that the plea remains on board so that the matter can be taken to a logical end.

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