Supreme Court Advocates-on-Record Association (SCAORA) on Friday (June 21st) urged Chief Justice of India DY Chandrachud to recall the recent decision to list service and labour matters before the vacation benches of the Court from June 25.
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NEW DELHI: The Supreme Court Advocates-on-Record Association (SCAORA) has formally requested Chief Justice of India DY Chandrachud to rescind the recent decision to list service and labour matters before the vacation benches of the Court starting from June 25. This appeal was articulated through a letter addressed to the Supreme Court Secretary General and its Registry.
According to SCAORA, this new directive has led to a considerable rise in the number of cases scheduled for hearing during the current summer vacation, deviating from the traditional practice of hearing only urgent matters during this period.
The association highlighted that senior lawyers, their junior colleagues, and registered clerks are currently on vacation outside Delhi, making it difficult for them to appear for cases either physically or virtually.
“This sudden change has caused significant disruption and inconvenience to the legal community,”
-stated the letter signed by SCAORA secretary Nikhil Jain.
SCAORA acknowledged the urgency of certain cases and the critical nature of livelihood issues raised in service and labour matters. However, it emphasized that these cases need to be presented effectively, which requires the presence of advocates equipped with the necessary files, research, and the ability to argue in court.
“While the members recognise that some matters are urgent and that right to livelihood (raised in service/labour matters) of litigants are affected, it is equally important that the cases are represented to the best of the abilities of the respective advocates. This can only be done when the members of the Bar have the necessary files, research, and more importantly the ability to appear and argue before the Hon’ble Court,”
-the letter elaborated.
SCAORA expressed concerns that the absence of Advocates-on-Record and Senior Advocates could thwart the hopes of many litigants, potentially leading to unjust outcomes before the Supreme Court.
The association fears that the decision could hinder the delivery of justice rather than facilitating it.
“Instead of facilitating speedy justice, the unavailability of Advocates-on-Record and Senior Advocates will likely thwart the hopes of many litigants, potentially leading to unjust outcomes before the country’s highest court,”
-the letter further explained.
In light of these concerns, SCAORA has requested that the matter be placed before Chief Justice Chandrachud to take immediate steps to address the stakeholders’ concerns. They have also suggested that in the meantime, Advocates-on-Record should be allowed to send adjournment requests via email for the cases listed in the Circular dated June 20, 2024.
“In the interregnum, the Advocates-on-Record may be allowed to send adjournment requests in the matters listed vide Circular dated 20.06.2024 through email, and that the Hon’ble Judges are requested not to pass any adverse orders, in the absence of the concerned Advocates,”
-the letter concluded.
This appeal from SCAORA underscores the critical need for practical scheduling considerations that align with the professional commitments and availability of the legal community, ensuring that justice is served effectively and equitably.
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