The Supreme Court Advocates-on-Record Association (SCAORA) penned a detailed letter on November 29 addressing the Chief Justice of India (CJI) Sanjiv Khanna raising critical concerns regarding the current practices of issuing hearing sequences and granting passovers. This letter sheds light on the operational challenges faced by advocates, clerks, and other stakeholders in the Supreme Court.
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NEW DELHI: The Supreme Court Advocates-on-Record Association (SCAORA) penned a detailed letter addressing the Chief Justice of India (CJI) Sanjiv Khanna raising critical concerns regarding the current practices of issuing hearing sequences and granting passovers.
This letter, dated November 29, 2024, sheds light on the operational challenges faced by advocates, clerks, and other stakeholders in the Supreme Court.
The letter begins by emphasizing the need for a structured and predictable approach to scheduling court cases.
The association urged that the supplementary cause list should include the hearing sequence for all courtrooms, ideally released for the next day. As noted, this would allow for “better planning and preparation for our members.”
Challenges Faced Under the Current System
The letter highlights the prevailing difficulties caused by the existing method of issuing hearing sequences after 10:30 AM on the same day. This practice creates significant disruptions, as stated:
“The present practice of issuing the order of Sequence in the morning after 10:30 am is causing enormous challenges for all the AORs, Non-AORs, Seniors, Juniors, clerks etc. as a whole.”
A key concern expressed by the association was the hardship endured by lawyers who are not actively engaged in the courtroom at the time. These advocates face substantial delays in identifying their hearing order, rendering them “unable to attend hearings of other matters.”
This operational inefficiency has a cascading effect, impacting case preparations and overall court productivity.
Additionally, the association pointed out an alarming issue where “Courts are declining to give Passovers in the first round,” compounding the strain on legal professionals.
They emphasized that such denials often affect matters of significant importance and exacerbate existing challenges for members of the Bar.
Proposed Solutions for Improvement
In an effort to mitigate these issues, the letter proposed practical reforms, including timely publication of the hearing order for the following day. It stated:
“Knowing the order in which matters will be taken a day in advance would greatly assist advocates in planning their day and managing their time effectively.”
The association underscored the importance of this change by noting how it would alleviate the logistical challenges faced by legal professionals.
“Timely publication of the cause list and clarity on the order of matters would ensure that advocates can prepare with due diligence and that the Court’s time is utilized to the fullest,”
-the letter explained.
Moreover, the request for greater leniency in granting passovers was reiterated.
“I would also request your good self that at least one pass over should be granted by the Hon’ble Courts and the said request should not be declined to the members of the Bar,”
-read another significant excerpt.
Anticipated Benefits
The association outlined the potential benefits of implementing these recommendations, including enhanced efficiency, smoother courtroom proceedings, and better utilization of judicial resources.
It expressed confidence that these adjustments would not only support the legal fraternity but also contribute to the “efficient functioning of the Supreme Court.”
The letter closed on a respectful note, urging the Chief Justice to consider these proposals for the benefit of the Bar and the judiciary alike:
“I believe these changes will greatly enhance the court’s efficiency.”
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