New Delhi: In an extraordinary move, Chief Justice of India Dipak Misra has decided to keep with himself the powers of “mentioning” a matter by lawyers for early listing of cases depending upon the urgency.
Everyday “mentioning” is made before the CJI at 10.30 am for early listing of cases or to expedite hearing a pending matter.
This comes after a five- judge Bench headed by the CJI annulled an order passed by a Bench of Justice J. Chelameswar referring a PIL by advocate Kamini Jaiswal to the top five judges of the apex court as per seniority on November 13.
Following the annulment of this order passed on November 9, the CJI has posted the matter for a fresh hearing on Monday before a three-judge bench of Justices R.K. Agrawal, Arun Mishra and A.M. Khanwilkar. As a result the November 9 order was set aside.
By issuing a circular that all matters which are not listed before any Bench, should be “mentioned” only before the Bench presided over by the CJI, the powers of the number of two judge in terms of seniority Justice Chelameswar has been indirectly clipped.
He can no longer entertain any “mentioning” by lawyers for early listing.
The November 10 circular supersedes the one issued on November 6 that whenever the CJI is hearing a matter pertaining to a Constitution Bench, mentioning can be made before the number 2 judge at 10.30 am, but if there is a need for listing of cases on the same day, it has to be referred to the CJI for hearing at 3 pm.
