The Supreme Court of India criticized its Registry for not listing Special Leave Petitions (SLPs) as directed. The Bench, led by Justice Oka and Justice Masiah, emphasized that technicalities should not obstruct timely hearings. It will address inadequacies in a Kerala High Court bail decision, scheduling the hearing for January 17, 2025, with further inquiries on procedural compliance.
New Delhi: The Supreme Court today strongly reprimanded its Registry for failing to list Special Leave Petitions (SLPs) despite explicit court directions. Highlighting procedural inefficiencies, the Bench of Justice Abhay S. Oka and Justice Augustine George Masiah emphasized that technical non-compliance, such as failure to serve notices to caveators under Rule 2 of Order 15 of the Supreme Court Rules, cannot justify defying specific orders for case listings.
While considering SLPs filed by the National Investigation Agency (NIA) and some accused denied bail by the Kerala High Court, the Bench stated,
“A simple thing we will tell you, by the same order, certain persons have been granted bail, others have been… no reasons recorded. What we propose to do is that we will hear them and decide here.”
The Bench noted that the reasons provided by the Kerala High Court for granting bail were inadequate and decided to adjudicate the matter itself rather than sending it back.
Referring to the Registry’s refusal to list cases, the Court remarked:
“When there is an order of the court directing listing of the cases specifically assigned to this bench, the Registry cannot defy the order and refuse to list the case on the ground of procedural non-compliance.”
The Bench clarified that:
- “We do not find any Rule in the Supreme Court Rules 2013, which records that, notwithstanding failure to comply with requirements of Rule 2 of Order 15, a case cannot be listed before the Court.”
- Cases of extreme urgency cannot be delayed due to procedural lapses, and the Registry must comply with court orders.
The Court directed the Registrar Judicial to take note of its order and emphasized the need for listing cases with office reports highlighting any procedural deficiencies.
The SLPs stem from the Kerala High Court’s decision to grant bail to 17 accused persons, including Popular Front of India (PFI) members charged under the UAPA for the murder of RSS leader Srinivasan in Palakkad in April 2022. The Supreme Court observed that the High Court failed to assess the role of each accused individually, granting bail through a common judgment.
The Court has scheduled the hearing for January 17, 2025, consolidating these matters with other related SLPs. It also issued a notice calling for detailed arguments on procedural non-compliance by the Registry and substantive issues regarding the grant of bail in such sensitive cases.
Cause Title: Saddam Hussain MK v. Union of India & Connected matters
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