SCAORA urges the Supreme Court to halt automated alerts to respondents, citing a violation of Supreme Court Rules, 2013, and undermining the purpose of caveats in fresh case filings.
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NEW DELHI: In a notable move aimed at safeguarding procedural integrity and litigant confidentiality, the Supreme Court Advocates-on-Record Association (SCAORA) has formally raised objections to the recent practice of sending automated SMS and email alerts to respondents immediately upon the filing of fresh matters before the Supreme Court.
In a letter addressed to the Registry, SCAORA’s Honorary Secretary, Nikhil Jain, has urged an immediate halt to the mandatory collection of respondents’ contact details at the filing stage. The Association has also requested the discontinuation of automated notifications being dispatched without any judicial authorization.
According to the letter, the current e-filing system and the physical Listing Proforma compel advocates to disclose the mobile numbers and email addresses of respondents when initiating new matters. This has led to a situation where the Registry, by default, sends out alerts to respondents, even in instances where they have neither filed a caveat nor entered an appearance.
SCAORA has flagged this as a substantial departure from the procedural norms established under the Supreme Court Rules, 2013. These Rules stipulate that a notice to the respondent is to be issued only after a judicial order or when a caveat has been filed.
The automatic alerts, according to the Association, not only pre-empt judicial discretion but also undermine the formal purpose and effect of filing a caveat.
The Association further emphasized that such a practice raises major concerns around procedural fairness and confidentiality, particularly in sensitive or high-stakes disputes where early notification to the opposing party could cause undue prejudice.
By effectively bypassing judicial scrutiny at the very outset, the automated alert system is perceived to compromise the structured framework of formal service of notice, which has long been a cornerstone of court proceedings.
In its representation, SCAORA has proposed that the requirement to submit respondents’ contact details at the time of filing be scrapped, except where a caveat has been lodged.
Alternatively, if such information is deemed necessary for internal purposes, the Association has urged that no alerts be sent unless the respondent has formally appeared through an Advocate-on-Record or notice has been validly served.
SCAORA concluded by reiterating that its appeal is not merely technical but is rooted in the fundamental objective of aligning administrative practices with the Supreme Court Rules. The move, it asserts, is essential to protect the procedural rights and confidentiality of litigating parties and to uphold the sanctity of judicial processes.
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