He explained the difficulties in filing and listing cases, saying,“Unfortunately, filing has collapsed, listing has collapsed, nobody knows which matter will be listed and I was there on last Saturday and had long interactions with some of the concerned judges and registrar.”
![[BREAKING] Supreme Court on Allahabad High Court Functioning: "Some High Courts Are Unpredictable, But We Are Worried for Allahabad HC'](https://i0.wp.com/lawchakra.in/wp-content/uploads/2025/01/Abbas-ansari-2.webp?resize=820%2C461&ssl=1)
NEW DELHI: On Thursday (9th Jan), the Supreme Court raised serious concerns about the functioning of some High Courts, especially the Allahabad High Court, regarding the listing of cases. This remark came during a hearing of a plea filed by Uttar Pradesh MLA Abbas Ansari, who was seeking justice for a family property dispute that had not been heard by the Allahabad High Court.
The Bench, comprising Justice Surya Kant and Justice N. Kotiswar Singh, expressed unease about the situation in the Allahabad High Court.
Justice Surya Kant noted, “We don’t want to comment. Some of the High Courts we don’t know what will happen and this is one of the High Court which really one should be worrisome about.”
Senior Advocate Kapil Sibal, who was representing Ansari, added, “I also don’t want to comment. very very worrisome.”
Justice Surya Kant elaborated on the challenges faced by the Allahabad High Court.
He explained the difficulties in filing and listing cases, saying,
“Unfortunately, filing has collapsed, listing has collapsed, nobody knows which matter will be listed and I was there on last Saturday and had long interactions with some of the concerned judges and registrar.”
Case of Abbas Ansari
Abbas Ansari had previously approached the Supreme Court in relation to a family property that had been declared as evacuee property (essentially government property). In his plea, Ansari argued that while other affected parties had received interim protection from the High Court, his case was ignored. He explained that due to the lack of protection, the state had taken physical possession of the property and started construction under the Prime Minister Awas Yojna (PMAY) scheme.
The Supreme Court had intervened last year, directing the Allahabad High Court to hear Ansari’s plea for an interim stay on the construction.
The top court had ordered that the High Court hear the application as soon as possible, setting a deadline for hearing on November 4, 2024.
The Court had also stated that the application should be heard out of turn if necessary to ensure that Ansari’s request for interim protection was appropriately addressed.
However, Senior Advocate Kapil Sibal informed the Supreme Court that despite the order, the High Court had still not taken up the case for hearing.
He raised his concerns, saying, “What do we do in these matters? See what is happening in that court, despite the order.. If high courts do this, where does the citizen go?”
The Supreme Court, alarmed by the situation, again expressed its worry about the developments taking place at the Allahabad High Court. When asked about the judge handling the case, it was revealed that the judge before whom the case was listed was regarded as one of the best in the country.
Justice Kant remarked, “He is actually one of the best judges, he writes well and has clarity.”
In response, Sibal clarified, “It is the individual, Abbas Ansari.”
The Supreme Court, in its order, decided to maintain the status quo at the disputed property site until the Allahabad High Court hears Ansari’s plea. The Court also directed that the matter be urgently listed before the High Court.
Additionally, the Supreme Court instructed that its order be brought to the attention of the Division Bench at the Allahabad High Court to ensure that the matter is heard at the earliest.
